Higginbotham v. Winborn

Pannell, Presiding Judge.

This is an appeal from the grant of a summary judgment to the defendant, Winborn, in an action seeking recovery for injuries to an eight-year-old child who fell from a fallen tree in the yard of defendant Winborn, the action being brought by the father of the child individually and as next friend of the child. The tree, a large cherry tree, was growing in an adjoining yard of another defendant (with which defendant we are not here concerned) about ten feet from the property line, and in a high wind came up by the roots and fell across defendant’s yard on December 15,…