P sued for damages for injuries she sustained when her car, on a dark and windy January evening, struck a tree which shortly before had splintered and fallen across a County road. The trial court directed verdicts for Clackamas County, the owner of the right-of-way on which the tree was located, and D, the adjoining landowner who was alleged to be in possession of the same location. P appeals from the judgment entered on the directed verdict for D.