Koster & Wythe, Etc. v. Lon Massey, Lon Massey v. Koster & Wythe, Etc.

This ease presents the question whether the demilitarization of incendiary bombs in the manner adopted by the appellee constitutes an ultrahazardous activity so as to impose liability for foreseeable harm irrespective of the exercise of due care. The district court held that it did not. We are compelled to disagree.

Appellee Massey was engaged in the scrap and salvage business in Tamuning, Guam. He operated a junk yard approximately a city block in area on the outskirts of Tamuning. Appellant, engaged in the construction business, occupied adjoining premises.

In 1956, Massey purchased from the United States 7,514 M-76 incendiary bombs with the intention of selling the ■casings after unloading their incendiary contents. On May 9, 1956, in the course of demilitarizing the bombs at his junk yard, the discharged contents of bombs caught fire. The fire spread to a stockpile of loaded bombs which exploded. The explosion and spread of fire caused property damage to appellants. In this action for damages brought by appellants, the jury returned a verdict for appellees and this appeal was taken.

The M-76 bomb weighs 500 pounds. It is filled with PT-1, an incendiary mixture consisting of…