James D. Sellens v. Elvin Christman

The injuries for which plaintiff sues were occasioned by a felled tree, lodged in the top of another partially sawed tree
on defendant's land, falling upon him necessitating amputation of his leg. The claim was for $25,000. The trial court directed
a verdict against plaintiff at the close of his evidence upon the stated grounds that plaintiff had entirely failed to establish
that the accident was in some way the fault of defendant and that the evidence showed plaintiff was himself at fault. Orville Vanskike, a brother-in-law of plaintiff, was staying at plaintiff's home on January 13, 1963, a Sunday. He saw defendant,
Christman, there and heard a conversation between plaintiff and Christman about noon of that day. Christman said that he had
a new chain saw and wanted to go try it out, to cut some wood. Christman brought up that desire first. Vanskike, plaintiff
and Christman took a chain saw and two axes, they all got into Christman's car and went down into the timber on Christman's
land. Christman didn't want the walnuts and red elms to be cut, and he first cut down what is denominated Tree No. 1.