Maron Delaney, Respondents v. Philhern Realty Holding Corporation, Defendants, and Jacob Shapiro Et…

Summary

The Court of Appeals reversed the lower court's judgment and granted a new trial, holding that the trial judge erred in the jury instruction on nuisance and that the general contractor may rely on the subcontractor's exception to participate in the new trial. Justice Rippey dissented, arguing no error existed, while Justice Crane concurred in the result but expressed a different view of the nuisance negligence rule.