Hayton v. McLaughlin

This case was tried upon the theory that it was one of nuisance growing out of negligence. That is a well settled cause of action in this state. Khoury v. County of Saratoga (267 N. Y. 384), and cases there cited. Since that was the theory of the trial and the basis upon which the case was submitted to the jury under a charge to which no exception was taken, the classifications in the majority opinion in the court below are not applicable. The Adminsitrative Code of the City of New York (L. 1937, ch. 929), section C26-233.0, permits the maintenance of such parts of a structure as project…