Caporale v. C. W. Blakeslee & Sons, Inc.

Had the opinion sustained the judgment on the count alleging nuisance, I could agree, since there is no doubt in my mind that the damage to Caporale’s buildings was caused *87by the defendant’s pile driving operations. I am willing to concede, however, that a rather hairsplitting distinction would be required to sustain the judgment on the nuisance count, since the plaintiffs consented to judgment for the defendant on the count alleging negligence and have thus eliminated liability on the theory of nuisance arising from negligence. Although it may be difficult to spell out an absolute nuisance,…