Legal Opinion

Schaller v. City of Tacoma

Washington Supreme Court

Decided December 5, 1917No. 14358PublishedCited by 1 opinion

Appeal froln a judgment of the superior court for Pierce county, Card, J., entered June 4, 1917, upon findings in favor of the defendants, dismissing an action for trespass.

1Opinion of the CourtWebster, J.

This is an action brought by appellants against the city of Tacoma and Charles D. Atkins, its commissioner of public works, for treble damages under Rem. Code, § 939, for the removal of two poplar trees which stood in North Gove street in front of appellants’ property. From a judgment dismissing the action, this appeal is taken.

The trees in question were located probably ten feet from the front line of appellants’ property. Between the trees *167and the property line, a cement sidewalk had been constructed by the city. On the farther side of the trees, and approximately twelve or fifteen feet…

2Cases cited4 opinions

  1. Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
  2. Chase v. City of OshkoshWisconsin Supreme Court · 1892
  3. Tate v. City of GreensboroSupreme Court of North Carolina · 1894
  4. Robinson v. City of SpokaneWashington Supreme Court · 1912

3Cited by1 opinion

  1. Dare v. City of Harrisburg, Pennsylvania Court of Common Pleas, Dauphin County1930

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