Dalling v. Weinstein

The complaint demurred to alleges, in brief, that during the hurricane of September 21, 1938, a tree located on the defendant’s land was blown over so that it came to rest on top of a garage located on the plaintiff’s land. The premises of the litigants have a common rear boundary. It is further alleged that the garage was in great danger of collapse due to the strain of the weight of the tree; that the plaintiff requested the defendant to remove the trunk of the tree, but the defend' ant refused and neglected to do so, causing expense to the plaintiff in removing it; and that additional…