McGhee v. Laurel Light & Railway Co.
Mississippi Supreme Court
Appeal from the circuit court of Jones county. Hon. Paul B. JohNSON, Judge. Suit by Mrs. M. B. McGhee against the Laurel Light and Bailway .Company. Prom a judgment for defendant, plaintilf appeals. Appellant brought suit against appellee for entering upon her premises and cutting the limbs from certain shade trees in her yard.
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Appeal from the circuit court of Jones county. Hon. Paul B. JohNSON, Judge. Suit by Mrs. M. B. McGhee against the Laurel Light and Bailway .Company. Prom a judgment for defendant, plaintilf appeals. Appellant brought suit against appellee for entering upon her premises and cutting the limbs from certain shade trees in her yard. Appellee claims tha.t this was done in.order to repair its wires which were strung on poles along the street in front of appellant’s premises and could not he repaired without cutting certain limbs from appellant’s trees. The only value the trees have is ornamental,…
1Opinion of the CourtHoldeN, J.
From the undisputed proof in the record it appears that the appellee, Laurel Light & Railway Company, through its agents and servants, trespassed upon the property of appellant by going upon her premises, without her consent, and cutting the limbs of her ornamental shade trees standing thereon. This act constituted an invasion of the rights of appellant,' and renders appellee liable for nominal damages, even though no actual damages be shown. It is the invasion of the right which gives the cause of action. Therefore the lower court erred in granting to the ap-pellee instruction No. 3, which…
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