Lewis v. Krussel

How courts have described this case

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

• following Ivancic v. Olmstead - alleged defect in tree must be readily observable; visible; apparent; patent
• nuisance claim in case involving fallen trees, grounded in inaction, need not be considered separately from the negligence claim
• \a possessor or owner of urban or residential land who has actual or constructive knowledge of defective trees is under a duty to take corrective action for the protection of [a neighbor] on adjacent land\
• “Lewis and Teitzel ground their nuisance claim on the Krussels’ inaction with regard to the fallen trees. In other words, the nuisance is the result of negligence. . . . Accordingly, we do not consider the nuisance claim apart from the negligence claim.”

Source: CourtListener parenthetical corpus (CC0).