- • The majority rule that those engaged in blasting are subject to liability for the resulting damages is adopted, supplanting New York's previous rule that proof of negligence was required for recovery in such cases unless a physical trespass also occurred.
- • Public policy requires that those engaging in abnormally dangerous or ultra hazardous activity bear the cost of the damages such activity inflicts upon innocent parties.
- • This case also marks an interesting example of public policy analysis. The Court explicitly mentions public policy and places great emphasis upon its relevance in finding the appropriate rule. This is illustrative of some of the many competing issues in the law of torts, many of which will be addressed later and in greater detail.
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?