MURPHY, J.
The plaintiff instituted suit against the defendant to recover for injuries sustained when she tripped over the roots of a tree located within the limits of a public highway. The first count of the complaint alleged a defective highway. The second count sounded in nuisance. The trial court found that the plaintiff had failed to establish a cause of action under the first count but was entitled to recover on the second count. From the judgment thereon, the...
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