City of Alachua v. Swilley

WIGGINTON, Chief Judge.

The City of Alachua has appealed from an adverse judgment rendered in a suit for property damages suffered when a rotten limb from a tree owned by the City fell on plaintiff’s truck. The principal contention made by the City is that the evidence adduced at the trial is insufficient to establish that the City had such notice of the defective condition of the tree as to impose upon it a duty to remove the tree in question in order to protect plaintiff from the damages which resulted to his property.

The only evidence introduced by plaintiff on this critical issue of the…