Miles v. Commonwealth

The trial judge, in awarding damages to the petitioner, justifiably found that within the limits of a State highway in West Boylston, not “in the macadam surface of the highway, but . . . near that surface,” stood a maple tree. The evidence warranted a finding that the tree was about nine feet westerly of the westerly side of the macadam surface; that the branches overhung that surface so that one could drive thereon under them; and that, *244as the judge expressly found, the trunk of the tree was in a decayed and dangerous condition, and the Commonwealth had or by the exercise of proper care and…