Kornetzke v. Calumet County

The tree which the plaintiff struck is an elm tree about 65 feet high and measuring 44 inches in diameter four feet above the ground. Highway Q is a blacktop road running in an east-west direction and the north lane curves to the north around a so-called boulevard in which the tree stands. The boulevard extends about five feet to the north of the tree, four and one-half feet to the south of the tree, 23 feet to the west of the tree and a little more than six feet to the east of the tree.

The evidence is disputed whether there were warning posts or reflectors on the east side of the tree. The…