Norwood v. City of New York

OPINION OF THE COURT

Charles H. Cohen, J.

Is a municipality, which plants an oak tree over a sewer line leading to the home of the landowner, liable to the *56landowner when the roots of the tree some 25 years later damage the sewer line?

Based upon the evidence presented in the form of testimony by the plaintiff landowner and by a plumbing contractor specializing in subsurface construction who was familiar with the problem presented in this case, the court finds the following facts: Some 25 years ago the defendant, City of New York, without the request or permission of the plaintiff landowner,…