Brandywine Hundred Realty Co. v. Cotillo

BUFFINGTON, Circuit Judge.

The facts in this case are few and undisputed ; the question involved narrow. Shortly before midnight on January 19,1929, the plaintiff was driving his automobile on one of the principal through roads of Delaware, on which a tract of suburban forest abutted, about two miles north of Wilmington, Del. This land had been owned by the defendant company, and on defendant’s said land, located about ten feet from the road, stood a chestnut tree. The tree had been dead for four years, hut, beyond its deadness, bore no exterior evidence of decay. As the plaintiff passed, a…