Malcolm Myers, 63, was passing the Sowerby Institute near his home in Thirsk when he heard a ‘clap like thunder’ and ended up trapped beneath the tree.

He was struck in both the back and the neck by branches, while another pinned his legs down.

The property developer and former rally driver has praised his 10-year-old Yorkshire terrier Buddy, who immediately came to his owner’s aid and began digging at the tree, enabling Mr Myers to see a way out.

The businessman narrowly escaped being killed by the horse chestnut

"He’s more like a rottweiler really. I was dazed, couldn’t stand and was in darkness. He’s a clever little dog and he immediately started trying to dig me out. He managed to give me enough light to see by and I scrambled out.”

Mr Myers’ GP initially feared he had fractured his spine, but an X-ray at hospital revealed severe bruising.

"He said I as lucky I was not dead. An elderly person is unlikely to have survived if it had been them.”

Residents living near the tree, which stood in a private garden, said they had reported its condition to the former Hambleton Council on previous occasions and believed it was an ‘accident waiting to happen’.

The horse chestnut tree which landed on top of Malcolm Myers

"They said they’d repeatedly asked the council to cut it back. I’ve contacted North Yorkshire Council to ask if it has a preservation order on it, and whether the responsibility for it lies with them.

“The whole thing was horrific, quite horrendous and I’m now on strong painkillers and having flashbacks. ”

North Yorkshire Council’s interim head of highway operations, Jayne Charlton said: “We can confirm we are investigating after branches fell from a horse chestnut tree in a private garden and landed on the neighbouring public footpath.

“A member of the public alerted us to the incident, which we responded to immediately, closing the footpath while the debris was cleared.

Malcolm with hero dog Buddy, who dug him out

“We received a further report that a man walking his dog was hit on the back by a large branch, while a smaller one struck him on the head.

“We have made contact with the landowner to inform them of their responsibilities with regard to the tree, which is subject to a Tree Preservation Order.”

Mr Myers, who ran MSM Properties but is now semi-retired, grew up in Leeds and began his career working for his family clothing business, Sydney Green.

Yorkshire businessman 'lucky to be alive' after horse chestnut tree falls on top of him during dog walk - and his terrier dug him out