Jones v. Town of Great Barrington

This is a petition brought under G. L. c. 79, in pursuance of the provisions of G. L. c. 87, § 3, to recover damages sustained by the petitioner by reason of a public shade tree falling upon his house. The answer of the respondent is in effect a general denial, a denial that the tree was a public shade tree, and a defence that the injuries were caused by the act of God. There was no claim for a jury trial. The case was referred to an auditor and his report is made a part of the bill of exceptions. The respondent filed, and the judge allowed, a motion that judgment for the respondent be…