Tagg v. City of Lockport

Defendant was obligated to exercise reasonable diligence in making inspections and tests of shade trees located upon its streets. And in instances where such examinations revealed tree conditions reasonably 'iikely to cause physical injury to persons beneath the trees, the obligation rested upon the municipality to remove or repair dangerous trees. (McGarey v. City of New York, 89 App. Div. 500; Lahart v. City of New York, 220 id. 713; affd., 246 N. Y. 643.)

The Lockport Park and Shade Tree Commission had been created by resolution of the common council and appointment by the mayor pursuant to…