Reilly v. Highman

345 P.2d 652 (1959)

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Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

Nature Of The Case

This section contains the nature of the case and procedural background.

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.

Issues

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Holding & Decision

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