Wilton v. City of Spokane
Collateral Negligence. In Wilton v. City of Spokane
Contractor used dynamite to remove rock from street, but left piece of dynamite in there that got paved over. It blew up and the plaintiff sued the city under respondeat superior. Washington Supreme Court held for the defendant:
The leaving of an unexploded blast of dynamite in the rock below the surface of a street is not an incident to the work of blasting rock to make a grade for a street
It is liable for injuries resulting therefrom only in the case it knew of its being so left, or by the exercise of reasonable diligence could have known of it
There is no evidence that the city had knowledge of the existence of this unexploded blast, and, of course, there was no sort of diligence that it could have exercised which would have made it acquainted with the fact.