Nationwide Insurance Co. v. Jordan

Timothy S. Black, Judge.

This civil action, which arises between adjoining landowners as a result of the falling of a mammoth maple tree, came on for trial to the court upon plaintiffs’ Claims sounding in trespass and negligence.

At the outset, it is helpful to establish the controlling principles of law as against which the facts as determined at trial shall be applied.

Although plaintiffs assert a claim for trespass giving rise to strict liability, that cause of action does not lie here. Instead, as the Ohio Supreme Court has held in the syllabus of Jennings Buick, Inc. v. Cincinnati (1978),…