Opinion
November 10, 1943.
Appeal from a judgment for personal injuries. Respondent was injured when a tree fell. He was upon a private right of way as an invitee or licensee. Defendant's employees had cut partially through the tree, intending that it should fall and be removed. When the cutting was only partly completed the employees were called to some other duty. The tree fell through being weakened by the partial cutting. Defendant's employees were negligent in leaving the tree in the weakened condition. Plaintiff was without negligence. Judgment affirmed, with costs. All concur.