Swope v. City of Wichita

The opinion of the court was delivered by

Hutchison, J.:

This was an action to recover from the city of Wichita damages suffered by the plaintiff when struck on the shoulder by a branch of a tree standing in the parking in front of his home where he had lived two years. The accident occurred during a windstorm, when the tree was blown down and fell as plaintiff was getting out of an automobile in front of his home.

The petition alleged that the tree in question had for several months prior to the injury been dead, rotted and decayed, and the roots thereof were weak and of insufficient strength…