[W]hether, on these facts, the judgment against appellant is sustainable on the theory of absolute liability.
Foster v. Preston Mill Co.
Defendant's blasting scared plaintiff's mink and caused it to kill her kittens.
Trial court granted plaintiff judgment of $1,953.68 based on strict liability.
Page 758, Paragraph 3
Page 758, Bottomish
"Except as stated in §§ 521-4, one who carries on an ultrahazardous activity is liable to another whose person, land or chattels the actor should recognize as likely to be harmed by the unpreventable miscarriage of the activity for harm resulting thereto from that which makes the activity ultrahazardous, although the utmost care is exercised to prevent the harm."
- Page 759, Paragraph 3
We have found nothing in the decisional law which would support an affirmative answer to this question. The decided cases, as well as common experience, indicate that the thing which makes blasting ultrahazardous is the risk that property or persons may be damaged or injured by coming into direct contact with flying debris, or by being directly affected by vibrations of the earth or concussions of the air.
- Page 759, Paragraph 5
It is the exceedingly nervous disposition of mink, rather than the normal risks inherent in blasting operations, which therefore must, as a matter of sound policy, bear the responsibility for the loss here sustained.
No, strict liability does not apply here. Reversed.