Kleebauer

This action was brought to recover damages for injuries to plaintiff’s house, caused by reason of the explosion of a large quantity of gunpowder on defendant’s premises. The case was tried with a jury, and a verdict returned for plaintiff, upon which judgment was entered. Defendant made a motion for a new trial, which was denied, and this appeal is from the judgment and order. The facts are substantially as follows: For several years prior to the explosion the defendant had been engaged in the business of manufacturing fuse, and had its plant and magazine in the village of Melrose. Within a radius of two hundred and fifty yards of the magazine there were many dwelling-houses, of which plaintiffs’ was one, the vicinity being regularly laid out in streets. Defendant had in its magazine, immediately prior to the explosion, about five thousand pounds of gunpowder, being the amount it usually kept on hand. In the employ of defendant was a Chinaman, whose business it was to carry powder from the magazines to the hoppers, from which the powder was distributed. The Chinaman, during a quarrel with one of his countrymen, killed him, and then fled into the magazine to evade arrest. While the…