Dalling v. Weinstein

The complaint demurred to alleges, in brief, that during the hurricane of September 21, 1938, a tree located on the defendant's land was blown over so that it came to rest on top of a garage located on the plaintiff's land. The premises of the litigants have a common rear boundary. It is further alleged that the garage was in great danger of collapse due to the strain of the weight of the tree; that the plaintiff requested the defendant to remove the trunk of the tree, but the defendant refused and neglected to do so, causing expense to the plaintiff in removing it; and that additional…