Judson v. Giant Powder Co.

Supreme Court of California · Torts

TortsNegligenceRes ipsa loquiturnegligenceexplosiondynamite factorynitroglycerineres ipsa loquitur

Facts

Respondents' property was destroyed when nitroglycerine exploded in appellant's dynamite factory on the shore of San Francisco Bay, triggering successive explosions in other factory buildings and magazines. The initial explosion began in the nitroglycerine house, and all employees who might have known its direct cause were killed, leaving no direct testimony about what caused it. Respondents had previously sold the premises to appellant for use as a dynamite factory, and appellant argued that respondents had assumed the risk. Respondents also introduced expert testimony that if the factory were properly conducted and the employees careful in manufacturing, an explosion would not occur.

Issue

Whether respondents could recover for the destruction of their property when the direct cause of the nitroglycerine explosion was unknown, based on a presumption of negligence arising from the occurrence of the explosion itself. Also, whether respondents' prior sale of the premises for dynamite manufacture or their continued presence after an earlier explosion barred recovery.

Rule

When a thing causing injury is under the defendant's management, and the accident is such as in the ordinary course of things does not happen if those managing it use proper care, the occurrence affords reasonable evidence, absent explanation by the defendant, that the accident arose from want of care. This rule applies in tort as well as contract, because the presumption arises from the nature of the act, not from the relationship between the parties. A landowner who permits hazardous operations does not thereby waive claims for damages caused by the operator's negligence.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Tacoma, Orion Crest Chemicals operated a solvent-mixing plant next to a cabinet maker owned by Elena Park. One morning the plant’s blending room suddenly exploded, and all workers inside were killed, leaving no direct evidence of the cause; Elena offers expert testimony that such an explosion does not occur when the mixing process is carefully conducted.

Has Elena most likely made out a prima facie case of negligence against Orion Crest Chemicals?

Explanation. The majority adopted the rule that when the injury-causing instrumentality is under the defendant’s management and the accident is such as ordinarily does not happen if proper care is used, the unexplained occurrence itself affords reasonable evidence of negligence. Here, the blending operation was under the plant’s control, the cause is unexplained, and expert testimony supports that such explosions do not ordinarily occur with due care. That is sufficient for a prima facie case; direct proof of the exact careless act is unnecessary. (Derived from Judson v. Giant Powder Co. (n.d.).)