Tort Law

Trees

Fairfax Injury Lawyer Brien Roche Addresses Trees Cases

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Trees. 

Trees-Statutes

Va. Code § 10.1-1111 as to cutting tree on state forest reservations.

See Va. Code § 10-1-1111 as to cutting trees on state forest reservations.

Trees-Cases

2012 Cline v. Dunlora South, LLC, 284 Va. 102, 726 S.E.2d 14.
Motorist injured when tree located on private land fell on public
roadway striking vehicle. No duty exists in this case. The complaint did not allege any affirmative act of the landowner, making the property different from its natural state or from its condition when the road was built. Demurrer properly sustained.

1974 High v. Coleman, 215 Va. 7, 205 S.E.2d 408.
Plaintiff injured when tree fell on him; he was holding rope attached to tree which was being felled. Danger was open and obvious. Plaintiff assumed risk as matter of law.

1957 Barnes v. Moore, 199 Va. 227, 98 S.E.2d 683.
Trespass action involving cutting of tree. If defendant’s acts were inadvertent, then liable only for stumpage value, but if grossly negligent, then he is liable for manufactured value.

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Trees

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