The diary of an obsessive compulsive arborist

[David Humphries]

Could it be inferred by the 'but for' test?

 

 

I'm sure 'causation' could be proved by expert witness.

 

I'm just intrigued to know if it has been.

 

 

 

 

 

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[felixthelogchopper]

I'm sure 'causation' could be proved by expert witness.

 

I'm just intrigued to know if it has been.

 

 

 

 

 

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Any other day I would fire up the legal databases for a search but I'm going horse logging this morning and Lisa will kill me if I turn up late. Hope Tony can find it for you.

[David Humphries]

Any other day I would fire up the legal databases for a search but I'm going horse logging this morning and Lisa will kill me if I turn up late. Hope Tony can find it for you.

 

Nearest precedence I can find that could be construed as being relevent here, may be........

 

Brown v. Harrison (1947) where the defendants tree failed in high wind & judge found in favour of the plaintiff.

It was in the opinion of the court that this tree (Hc) was 'dangerous & evident'

 

Not entirely sure that Tonys example would fall in to that category.

In part, as the above case is probably more to do with ownership than professional inspection.

 

 

 

Have a great session out with the logging

 

 

 

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[felixthelogchopper]

Thanks David, just watching with the general public this time at Hylands House in Chelmsford. Will have a look at that case this evening.

[Tony Croft aka hamadryad]

In the name of education:confused1:Kicking lumps out of a tree in someone's woodland.

 

I call that vandalism:thumbdown:

 

Coming from you thats so insulting!

 

Hi Tony, got two days work in the trees or on the ground 17th and 18th of April £120 a day up the trees or on the ground, tight site/target area, you can stay at my house and i'i cook, working with me and tree man tom, fun you will have. Sorry its short notice , regards Jim.

 

Sorry mate, no can do.

 

Cool thread Hama. Nice little video..Clear and informative.

 

Thanks silky, that was the idea:thumbup1:

 

I know you have said "may" here, but I'm interested to know if you have read of any specific cases or precedences where someone has become liable due to this scenario ?

 

 

 

 

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Just a little something to discuss and consider:biggrin:

[Paul Cleaver]

nice pics Hamsters - the first pic reminds me of an Arb Asc conference I went to last centuary

 

when Claus Mattheck was talking about a chesnut like this, he said the trunk is like a coiled rope under tension - it was later pruned in a way that altered the windload on it. the tension was reduced and as a result the trunk uncoiled like a rope

Edited April 15, 2012 by Paul Cleaver

[RobArb]

 

Just a little something to discuss and consider:biggrin:

 

The only reason it "may" be up for discussion and consideration is because we live in a stupid letigious society, ands thats what needs to change... Then we can leave some of the trees alone:biggrin:

 

Sent from my Galaxy S2

[Matthew Burton]

Great pics as ever. Not heard of a life belt before but seen many of them and couldnt quite figure it out. I was lucky enough to do a fair bit of work in sutton park ( Sutton Park - Introduction ) last year where there are dozens with this feature. Also if you're ever in the birmingham area its well worth a walk around!

[Tony Croft aka hamadryad]

O.k, can anyone find a visual for Armillaria ectypa?

 

tried in vain

[RobArb]

This one?

 

http://www.habitas.org.uk/priority/species.asp?item=665

 

Sent from my Galaxy S2