Reilly v. Highman

James Highman (defendant) was removing trees from George Lawrence's (defendant) front yard when a tree fell into the street and struck a car owned by Reilly (plaintiff), driven at the time by Reilly's son, causing $269.39 in damage. Reilly sued both Highman and Lawrence, alleging Lawrence was liable for Highman's negligence on the theory that felling large trees near a street is inherently dangerous work. Lawrence demurred, arguing the petition failed to state a valid claim against him, and the trial court sustained the demurrer; Reilly appealed instead of amending.