In Noble v. Harrison, a branch of a tree which was decayed fell on the plaintiff's vehicle. The decay was latent and not discoverable upon a reasonable inspection. The trial judge allowed the plaintiff's claim based on nuisance on the ground that the occupier allowed the escape of a dangerous article from his land. An appeal by the defendant was allowed. Rowlatt J. stated at p. 287: But a branch of a tree is not kept from falling by artificial attachments to be maintained by man, but by the natural processes which develop the tree, and it is only when accident or decay interferes that human intervention is required. I see no ground for holding that the owner is to become an insurer of nature, or that default is to be imputed to him until it appears, or would appear upon proper inspection, that nature can no longer be relied upon.
In Caminer v. Northern, the plaintiff was injured when a tree on the defendant's property was uprooted during a windstorm and fell on the plaintiff. The cause was attributed to the tree having a large crown and a latent disease affecting its roots. At the trial, the defendant was found liable in nuisance for failing to top the tree.
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