Cline v. Dunlora South, LLC
Annotate this CaseMatthew Cline filed a complaint against Dunlora South, a private landowner on whose property the tree grew, for injuries he sustained when a tree fell on his vehicle as he was driving on a public highway. Cline alleged negligence and that Dunlora's conduct constituted a nuisance because Dunlora failed to maintain the subject property. Dunlora filed a demurrer, which the circuit court sustained. The Supreme Court affirmed, holding that common law tort principles did not impose a duty upon private landowners to protect individuals traveling on an adjoining public highway from natural conditions on the landowner's property, nor did precedent support such a ruling.
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