Falco v. Bryn Mawr Trust Co.

Knight, J.,

According to the evidence produced by the plaintiff, on the morning of Sept. 30, 1924, Joseph Falco was driving the plaintiff’s truck toward Philadelphia over the State highway (Route No. 145), known as Sandy Hill Road, in Montgomery County. It was before dawn and a foggy, rainy, stormy morning. The estate of David Hess, deceased, had been the owner for a number of years of a farm of ninety-three acres fronting on the Sandy Hill Road, in Plymouth Township.

As Joseph Falco was driving the plaintiff’s truck by the Hess property on the morning in question, a large limb of a tree, which…