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The leading case on liability for the storage of explosives is Exner v. Sherman Power Const. Co., 54 F.2d 510 (2d Cir. 1931). There dynamite stored by the defendant exploded causing personal injury and property damage to the plaintiffs who resided some 935 feet away from the storage site. A distinguished panel of the Circuit Court of Appeals for the Second Circuit held the defendant liable regardless of fault: Dynamite is of the class of elements which one who stores or uses in such a locality, or under such circumstances as to cause likelihood of risk to others, stores or uses at his peril. He is an insurer, and is absolutely liable if damage results to third persons, either from the direct impact of rocks thrown out by the explosion (which would be a common law trespass) or from concussion. Id. at 512-13. The court pointed out that while the general principle of absolute liability expressed in the English case of Rylands v. Fletcher [H.C. 774, 159 Eng. Rep. 737 (1865), rev. Fletcher v. Rylands, L.R. 1 Ex. 265 (1868), aff'd., Rylands v. Fletcher, L.R. 3 H.L. 330 (1868).] had been accorded a mixed reception at ...

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