Kilbourn v. City of Seattle

The principal question presented is the liability of a city for an injury sustained in one of its parks when a *375dead limb projecting over a cinder path fell and injured a person on the path.

The injured person, a child then less than two years of age, was in Seward park in the city of Seattle for a family picnic and, while playing on a cinder walkway, was struck by a dead limb which fell from a madrona tree. There was no wind; the limb had been dead for four or five years, and a portion of it was almost completely disintegrated by the impact when it hit the child and the ground. Estimates of…