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Torts Keyed to Underwood
Parrot v. Wells, Fargo & Co.
Citation:
82 U.S. 524 (1873)Facts
The defendants were using large buildings owned by the plaintiff for their express carrier business. One day employees for the defendant were moving a crate that appeared to be leaking some fluid. The fluid had the appearance of sweet oil. The defendant’s standard business practice was to take any damaged crates into a nearby building for inspection of the contents. Therefore, the crate was taken inside a building for this purpose. Some of the defendants’ employees took a mallet and chisel to open the crate. However, when they did this the care exploded. The explosion killed all persons present and caused significant damage to the plaintiff’s building. It was later determined that the crate contained nitroglycerine. However, the defendants’ employees did not know what was in the crate at the time. Furthermore, during this time period, the properties and dangers of nitroglycerine were not well known or understood.
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