Ludwig v. Creswald, Inc.

Forrest, J.,

Will a court of equity require the removal of the portion of branches of a landowner’s tree which extend over and endanger an adjoining owner’s property? Defendant herein has posed this question by preliminarily objecting to the complaint on the ground that plaintiffs have a full, complete and adequate remedy at law.

The well-pleaded averments of the complaint are admitted for purposes of considering this preliminary objection. Summarized they may be stated as follows: On numerous occasions branches of trees growing on defendant’s property but extending over plaintiffs’ ground and…