Storm v. Thompson

The plaintiff, for a period of two years or more, had made a business of what he calls “tree work.”' Concerning it, he says his occupation was “anything to be done with trees, such as trimming, removing, and chopping them down. That is the way I make my living.” The defendant was a contractor, engaged in grading a city street. The progress of this work appears to have required the removal of certain trees upon the land through which a way for the street was being cut. On March 17, 1917, the parties entered into a contract for the removal of the trees. The agreement was in writing, and,…