Laying across the sidewalk

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Reference no: EM134032441

Question

Jones was out for an evening walk, when he tripped and fell over a large branch that was laying across the sidewalk. Jones was injured during this fall. The branch sat near the property line of of two neighbors, Smith and Walsh. The next day Smith went out to the sidewalk, cleaned up the branch, and trimmed a tree that was on his property and near the fallen branch. Walsh, a paralegal student and cautious by nature, said nothing and did nothing. Walsh denies ownership of the tree that dropped the branch. Jones sued both Smith and Walsh. At trial Jones will be able to use Smith's actions of cleaning up the branch and trimming his tree to show:

Jones will be able to introduce evidence to show that Smith is the owner of the tree and therefore was negligent. Jones will be able to introduce evidence to show that Smith is the owner of the tree if ownership is an issue in the case. Jones will not be able to introduce evidence of subsequent remedial measures. Jones will not be able to introduce evidence of subsequent remedial measures in this case because there are two defendants.

Reference no: EM134032441

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