Albin v. National Bank of Commerce

A car proceeding along a county road through a heavily-wooded, mountainous area, during a windstorm of disputed force, was struck by a falling tree.1 The road, though remote and closed by snow during the winter, was used somewhat extensively during the deer and elk hunting season. One occupant of the car was killed and his son, then a minor, who was driving the car, was seriously injured.

An action to recover for the wrongful death of the father and the action for the son’s injuries were consolidated for trial; the basic issues being:

A. The liability of (1) Columbia County for permitting the…