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DIFFENDERFER v. STANER

722 A.2d 1103 (1998)

David DIFFENDERFER v. Richard STANER and Luella Staner, h/w and Steven Staner. Appeal of Richard Staner and Luella Staner, Appellants.

Superior Court of Pennsylvania.

Filed November 12, 1998.

Reargument Denied January 20, 1999.

Attorney(s) appearing for the Case

Joseph G. Muzic, Lancaster, for appellants.

Thomas G. Klingensmith, Lancaster, for appellee.

Before CAVANAUGH, POPOVICH and FORD ELLIOTT, JJ.

FORD ELLIOTT, J.:

Appellants, lessors of a dairy farm, bring this appeal from a judgment entered in favor of David Diffenderfer, the farm's lessee. Because we find that the trial court erred as a matter of law when it allowed the strict liability and nuisance claims against appellants to go to the jury, we vacate the judgment and enter judgment n.o.v. as to those two counts. We also remand for a new trial as to Richard Staner on the negligence count.

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