HADRABA v. SANITARY DISTRICT OF CHICAGO, 309 Ill. App. 577 (1941)

33 N.E.2d 627

John Hadraba et al., Appellees, v. Sanitary District of Chicago, Appellant.

Gen. No. 41,374. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed April 15, 1941.

EXPLOSIVES AND COMMISSION, § 3[*] concussion caused by dynamite, liability of sanitary district. Sanitary district which contracted for the construction of sewers by the use of dynamite was liable to adjacent property owners whose property was damaged by concussion, because although science has reduced the hazards involved in the use of dynamite, it is still intrinsically dangerous subjecting municipality which authorizes its use to damages for resultant injury to property.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Circuit Court of Cook county; Hon. JOHN J. WALLACE, presiding.

Affirmed. Heard in second division, first district, this court at October term, 1940.

Ernst Buehler, Louis I. Fisher and Richard R. Mladic, for appellant;

Maurice L. Davis and David A. Livingston, for appellees;

Maurice L. Davis, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

“Not to be published in full.” Opinion filed April 15, 1941.

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