Dewey J. O'Brien v. United States

This is a failing tree case. The timber fell upon a panel truck in which appellant was riding as it travelled along a public highway through the federally-owned Willamette National Forest in Western Oregon. Having sustained serious injuries, appellant brought suit under the Tort Claims Act, 28 U.S.C.A. § 1346 (b), alleging that the Government (as owner of the forest land on which the snag or dead tree which fell was located) negligently failed to fulfill its responsibility to travelers upon the adjacent highway. Oregon law is applicable.

Pursuant'to the pre-trial order the district court decided without a jury the segregated issue of liability and found the Government blameless. Judgment was entered accordingly. Trouble lies in determining the grounds upon which the trial court rested its decision.

Appellant contends that the lower court erred in failing to measure the Government’s conduct against the usual standard of reasonable care. In appellant’s eyes the decision below expresses a rule of law to the effect that in Oregon the owner of land adjoining a highway has no duty to inspect timber growing thereon for the purpose of protecting passersby on the public…