Warren v. City of Tupelo

Warren, appellant, sued the City of Tupelo, appellee, for damages for personal injuries sustained by him by reason of a limb of a tree having fallen upon his bead and neck. He alleged that the city was negligent as to the limb of the tree and the maintenance of its streets at that point.

To the declaration, the city plead the general issue, and gave notice that unusual and rather peculiar conditions existed at Tupelo at the time of the accident to Warren. At the conclusion of all of the evidence, both for plaintiff and defendant, in the court below, the court granted the appellee, the City of…