New York Court of Appeals
Hay v. . the Cohoes Company.
March 5, 18492 N.Y. 159
Summary
The Court of Appeals held that a landowner who lawfully excavates a canal on his own property is liable for damage to an adjoining dwelling caused by blasting rocks, even though no negligence was alleged, because the act created a nuisance. The decision affirmed the lower court's reversal and required the defendants to pay damages.