LEE, J.
This was a suit by George H. Barry against the City of West Point to recover property damages occasioned by the fall of a tree on one of its streets. The case was tried on an agreed statement of facts before the circuit judge, sitting as both judge and jury, and he found for the plaintiff. The city appealed.
The substantial facts are as follows: Calhoun Street in the City of West Point runs north and south, and is 40 feet wide. The pavement is 20 feet...
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