Barker v. Brown

Opinion by

Price, J.,

This case presents the question of the liability of a possessor of land for damages caused by the fall of his tree upon the property of an adjoining landowner. Surprisingly, the precise issue raised has never before been determined by a Pennsylvania appellate court. The plaintiff-appellant, Virginia Barker, appeals from the lower court’s grant of a motion for summary judgment in favor of the defendants-appellees, L. Edwin Brown and Edith J. Brown. We disagree with the lower court’s conclusion of law and, therefore, will reverse.

Viewing the facts in the light most favorable…