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BURKE v. BRIGGS

239 N.J. Super. 269 (1990)

571 A.2d 296

DANIEL BURKE AND MARCIA BURKE, PLAINTIFFS-RESPONDENTS, v. ROBERT BRIGGS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1990.

Attorney(s) appearing for the Case

Christopher G. Meikle argued the cause for appellant (DeYoe, Heissenbuttel and Mattia, attorneys, Christopher G. Meikle, on the brief).

Sean F. Colquhoun argued the cause for respondents (Colquhoun and Colquhoun, attorneys, Sean F. Colquhoun, on the brief).

Before Judge DREIER, SCALERA and D'ANNUNZIO.

The opinion of the court was delivered by SCALERA, J.A.D.

This case deals with the standard to be applied to determine liability of a landowner for a tree which falls from his property onto his neighbor's property for no apparent reason.

On or about June 16, 1987, defendant, Robert Briggs, was the owner of premises known as 1100 Van Houten Avenue in Clifton, New Jersey. Plaintiffs, Daniel and Marcia Burke, were the owners of adjoining property known as 8 Hillcrest...

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