Heckert v. Patrick

Two issues are presented for review by this appeal with the initial query being one of first impression. We must initially determine the duty of care owed to the traveling public by a property owner whose land abuts a highway and contains growing trees with limbs overhanging the traveled portion of the roadway. The second question is whether a statutory or common-law duty exists in a board of county commissioners to remove a tree or its limbs which overhang a county road.

I

Generally, one may use his land as he sees fit, providing that his use does not invade the rights of others. In assessing…