Cornett v. Agee

Deen, Presiding Judge.

1. The sole question here is whether one may be liable for damage caused to a neighboring yard in an urban area by reason of the fall of a pine tree growing on one’s own lot, where (a) the fall is apparently due to a combination of high winds and visible rot in the tree trunk from which it appears to be in a partially dead condition, (b) the tree is 75 to 100 feet tall, standing near the lot line, and leaning visibly toward the neighboring yard, and (c) the situation has been called to the owner’s attention with advice to remove it.

There is evidence to support each of…