Mardo v. Valley Smokeless Coal Co.

Citations

• 279 Pa. 209
• 123 A. 779
• 1924 Pa. LEXIS 704

Syllabus

<p>Negligence — Fall of tree — Killing of boy — Evidence—Sufficiency of evidence for jury.</p> <p>1. It requires something more than the happening of an accident to fix liability on a defendant.</p> <p>2. Where a boy is-killed by the fall of a tree, it must be shown that the owner of the tree knew, or might by reasonable care have known, that it was in a dangerous condition.</p> <p>3. The fact that there were dead limbs at the top and dead roots at the bottom, while the rest of the tree appeared normal, does not establish negligence.</p> <p>4. Where the tree fell from no apparent cause, the court cannot charge that the weight of the tree caused its fall. There might have been other causes.</p>