Massachusetts Supreme Judicial Court January 4, 1965 (Kurtigian v. City of Worcester)

Wilkins, C.J.

The plaintiff, on October 18, 1959, while working in his yard, was hurt when struck by a limb blown from a decayed tree on adjoining premises. Each action is in tort and based upon negligence and the maintenance of a nuisance. The cases were referred to an auditor whose findings of fact were to be final.