Tint v. Sanborn

Opinion

PETERSON, J.

Appellant contends that the jury was improperly instructed, and as a result awarded him inadequate damages in his nuisance action concerning the growth of his neighbor’s trees, This case raises the question of whether comparative negligence may be asserted as a defense in any action for damages to real property resulting from the alleged negligent maintenance of a nuisance. In affirming the lower court, we will hold that jury instructions on comparative negligence are proper where defendant raises the issue of whether the nuisance of which plaintiff complains arose from…