LEAR, Judge.
This litigation arises as a result of an accident which occurred in 1976 at the premises of defendant, Carl Harris.
Mr. Harris was a man of about sixty-eight years of age who had had open heart surgery, which severely limited his physical exertions.
Mr. Harris had growing on his yard a rather large oak tree and he was desirous of cutting two limbs from said tree.
Knowing that Mr. Hall, the petitioner, had a power saw, Mr. Harris...
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