Whitehouse v. Lorch

STEWART, Judge.

Appellant, Reba Whitehouse, a tenant living in property owned by appellee, Chester A. Lorch, brought this action to recover for personal injuries sustained by her when a sycamore tree located on the premises fell on her during a storm. At the conclusion of appellant’s evidence, the trial court directed a verdict for appellee and entered judgment dismissing the complaint.

The question presented by this appeal is whether the evidence of appellant, with all the favorable inferences that could be justifiably drawn therefrom, created an issue of fact as to the retention of control…