concurring and specially concurring.
Although I have concurred in the Court’s judgment and in the opinion, it would be less than candid were I not to admit being troubled by the views of the Chief Justice expressed in his separate opinion. The Salmon Rivers case was before my time, and in reviewing it I observe that the full Court was not then involved. In fact, of the Court’s present membership, only Justice Donaldson participated in the case, and it is his voice now heard questioning its continued validity as sound precedent. I am also somewhat at a loss to fully understand why in legal theory it cannot be said that a defective roof does not directly cause resultant injury to the building as a whole. And, as is very often so, it once again seems that this is another case where it would seem better that liability not be tried without a full development of the facts and circumstances — which is difficult to accomplish on a motion for summary judgment.
ON REHEARING
The petition for rehearing in the above entitled action was granted and the matter reargued. The Court has reviewed the record and considered the arguments presented by counsel. Bakes, J., and Shepard, J., continue to adhere to the views expressed and the conclusions reached in the earlier opinion authored by Bakes, J. Donaldson, C.J., continues to adhere to the views expressed and the conclusion reached in his opinion concurring and concurring in the result.
HUNTLEY, J., continues to adhere to the views expressed and the conclusions reached in his earlier dissent.