REILLY V. HIGHMAN
345 P.2d 652 (1959)
NATURE OF THE CASE: Reilly (P) appealed a decision, which sustained a demurrer by
Lawrence (D) in P's action for damage to his car caused by the felling of D's tree.
FACTS: Lawrence (D) lives on Louisiana Street and Highman (D) was engaged in removing a
tree from Lawrence's yard. It fell into the street just as P's son drove by in P's
automobile. It struck the car causing damage. P sued both Ds. P states that the proximate
cause of the accident and damage was due to the negligence of the defendants. P claimed
damages of $269.39 and costs. P also claimed that because it was intrinsically dangerous
work Lawrence (D), was obligated to see that the work was carefully performed. It was not
carefully performed in a workmanlike manner, and Lawrence (D) is also liable. Lawrence (D)
demurred on the ground it failed to state a cause of action as to him. The demurrer was
sustained and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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