Sellens v. Christman

PRITCHARD, Commissioner.

The injuries for which plaintiff sues were occasioned by a felled tree, lodged in the top of another partially sawed tree on defendant’s land, falling upon him necessitating amputation of his leg. The claim was for $25,000. The trial court directed a verdict against plaintiff at the close of his evidence upon the stated grounds that plaintiff had entirely failed to establish that the accident was in some way the fault of defendant and that the evidence showed plaintiff was himself at fault.

Orville Vanskike, a brother-in-law of plaintiff, was staying at plaintiff’s home…