Burke v. Briggs

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying Restatement section 822 as standard governing private nuisance claim arising from damage due to tree falling on neighbor’s property
• finding no strict liability in nuisance where a branch of the defendant's tree fell on the plaintiff's garage
• finding no strict liability in nuisance where a branch of the defendant's tree fell on the plaintiff's garage
• observing in a negligence case not involving a claim of intentional tort or strict liability, that the \ultimate question for the trier of facts to determine . . . is one of negligence or reasonableness\
• observing in a negligence case not involving a claim of intentional tort or strict liability, that the \ultimate question for the trier of facts to determine . . . is one of negligence or reasonableness\
• the blurring of the distinction between the two causes of action “has often led to results that are difficult to explain”

Source: CourtListener parenthetical corpus (CC0).