Reilly v. Highman

The opinion of the court was delivered by

Pkige, J.:

This appeal is from an order sustaining a demurrer to a petition in an action for damage to an automobile.

Defendent Lawrence lives on Louisiana Street in Lawrence. Defendant Highman was engaged in removing a tree from Lawrence’s yard. It fell into the street just as plaintiff’s son drove by in plaintiff’s automobile. It struck the car causing damage. Plaintiff sued both Lawrence and Highman.

Recause of the question involved, the petition, omitting formal parts, is set out in full:

“Comes now the plaintiff and for his cause of action alleges:

“1.…