American Gasoline & Oil Co. v. Hoehn

Hassler, J.,

This is an appeal from the judgment of a justice of the peace. In its statement the plaintiff bases its right to recover upon an alleged act of negligence of the defendant in not maintaining in proper condition a tree in front of his premises on South Lime Street, in this city, because of which negligence he alleges a branch fell and caused the injury complained of to the automobile of the plaintiff company.

*444The defendant has filed an affidavit of defence raising a question of law. In it he contends, first, that the plaintiff is not entitled to recover because the justice did not…