Russell v. Marasi

Action of contract or tort begun October 13,1944. The plaintiff owned premises adjoining those of the defendants. On September 14, 1944, as a result of the so-called hurricane at that time, a large tree on land of the defendants was partially uprooted and fell over on land of the plaintiff so that it was lying partly on the land of the defendant and partly on that of the plaintiff, damaging the plaintiff’s house. There was evidence that the tree was blown down because of the severity of the weather and that its fall was in no way due to any negligence of the defendants.

After the tree fell,…