Reilly v. Highman

345 P.2d 652 (1959)

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Nature of the Case

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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.