Mungo v. City of Worcester

This is an action of tort to recover for personal injuries for alleged negligence of the defend*42ant in maintaining a certain tree located adjacent to Franklin Street, a public way in the City of Worcester. The defendant answered by general denial disclaiming any municipal liability.

The evidence showed that on September 16, 1970 the plaintiff was driving along Franklin Street in Worcester when the limb of a tree bordering on the sidewalk fell and struck his car windshield. He regularly travelled this route in driving his child to school each morning. A witness who lived on Franklin Street…