Brown v. State

On December 11, 1943 while claimant, Arthur W. Brown, was operating a truck belonging to claimant, Burt I. Brown, along State Highway Route No. 8 at a point south of the village of Sauquoit, said truck came in contact with a large elm tree extending across the highway. The tree had either fallen a short time prior to the collision and had been suspended a few feet above the road by the electric wires and trees located nearby, or had fallen upon the truck just as it was passing by. The accident occurred at about 1:00 a.m. on a clear, cool and windless winter’s night.

The tree had been one of a…