Sanker v. Town of Orleans

How courts have described this case

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

• failure to prune tree branch overhanging public highway, causing motorist’s death, considered a maintenance function and not a discretionary function
• day-to-day care and maintenance seem to fall outside public policy and planning category, and “municipal negligence in such a respect is not sheltered as a discretionary function”
• municipality’s decisions concerning location of utility poles and design of public roads were discretionary functions, but municipality’s failure to prune tree branch overhanging road was not discretionary act
• location of utility poles held to be decision within § 10 [6]
• design of road and location of utility pole are discretionary functions but not maintenance
• overhanging tree limbs were not road defect

Source: CourtListener parenthetical corpus (CC0).