Monick v. Town of Greenwich

The plaintiff instituted suit against the defendant to recover for injuries sustained when she tripped over the roots of a tree located within the limits of a public highway. The first count of the complaint alleged a defective highway. The second count sounded in nuisance. The trial court found that the plaintiff had failed to establish a cause of action under the first count but was entitled to recover on the second count. From the judgment thereon, the defendant has appealed.

The defendant claims that, upon the basis of the facts found, the court erred in reaching the conclusions stated in…