Dodd v. Clary

Marshall, Judge.

Plaintiffs decedent was killed by a large limb that fell from a tree which was being cut down by defendant, Clary, and one Gunter. Gunter was pulling a cable tied to the tree and Clary was driving a wedge into the back side of the tree in an effort to make it fall in a certain direction. The decedent was standing three to four feet from the tree and was struck by the "rotten” limb that fell as the tree began to fall. The alleged negligence of Clary was that he failed to remove the limbs from the tree before the tree was felled and "without first removing all personnel from'…