Levine v. Black

The only question to be decided on this appeal is whether the plaintiff is entitled to a permanent injunction to restrain the defendants from cutting down a tree that stands upon the boundary line between the adjoining premises of the parties. Both premises are located on the westerly side of Dwight Street in Springfield.

Pertinent findings of the master are these: Dwight Street is generally commercial in character. The defendants’ property is used as a filling station and for the repair and painting of automobiles. On the plaintiff’s property, which is north of that of the defendants, there…