Weller v. McCormick

The opinion of the court was delivered by

Dixon, J.

When the above entitled cause was before this court at June Term, 1885, on a rule certified by the Middle-sex Circuit, the Circuit was advised to set aside the verdict for-the plaintiff, on the ground that nothing had been shown from which it could legally be inferred that there rested on the defendant any duty with regard to the shade tree, by the falling of whose branch the plaintiff was injured. The tree-stood near the curb in one of the streets of New Brunswick, and it appeared that, since 1863, the city had had power to-make ordinances…