Winter v. Peterson

This was an action of trespass, brought originally in a justices court, by Peterson against Winter, for cutting down a tree standing in the public road. The case was tried without a jury, and a judgment given against the defendant for twenty dollars damages and costs. The defendant appealed, and the trial before the pleas resulted in a judgment for the same amount. Erom the state of the *525case agreed upon, it appears that Winter was, at the time he cut the tree, the legal overseer of the road in which the tree stood; the tree was a thrifty chestnut, eight a-half inches in diameter, and between…