Edsall v. Howell
New York Supreme Court
Appeal from circuit court, Tioga county. Action by Benjamin F. Edsall against John L. Howell for destroying a shade tree. From a judgment entered on a verdict in favor of plaintiff for $50 damages, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
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Appeal from circuit court, Tioga county. Action by Benjamin F. Edsall against John L. Howell for destroying a shade tree. From a judgment entered on a verdict in favor of plaintiff for $50 damages, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. The plaintiff’s complaint alleges that the defendant, in January, 1893, “was and had been the owner of a certain shade tree,- viz. a maple tree, standing in and upon a certain strip of land in the town of Nichols, in the county of Tioga, N. Y.; the said strip of land being a public highway of the said town,…
1Opinion of the CourtHardin, P. J.
March 30, 1867, John L. Howell, the defendant, made application to the commissioner of highways of the town of Nichols, in writing, to lay out a highway in the town according to a line indicated by a survey and a map, in which application it was stated that the highway “will pass through the improved lands of Peter Joslin, Oliver A. Barstow, and John L. Howell, the subscriber.” It was stated in the application, viz.:
“Each and every one of .such owners consenting to the laying out of such, highway; and I, the said John L. Howell, do hereby consent to the opening and laying out of said highway…
2Cases cited13 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Mott v. . MottNew York Court of Appeals · 1877
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Lane v. LamkeAppellate Division of the Supreme Court of the State of New York · 1900
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903
- Castle v. Bell Tel. Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.