Legal Opinion

Hoyt v. Southern New England Telephone Co.

Supreme Court of Connecticut

Decided April 20, 1891PublishedCited by 14 opinions

Action to recover damages for the cutting of a tree on land of the plaintiffs; brought to the Court of Common Pleas of Fairfield County, and heard in damages, after a default, before Perry, J. Facts found and damages assessed at one hundred and fifty dollars, and appeal by the defendant. The case is fully stated in the opinion.

1Opinion of the CourtLoomis, J.

This is a complaint to recover damages for the unlawful cutting of a tree standing on the plaintiffs’ land and of the alleged value of one hundred and fifty dollars. The defendant suffered a default, and upon a hearing in damages the court found the facts as follows, in addition to those admitted by the default:

“ The elm tree in question stood in the outer edge of the sidewalk, in' front of the lot described in the first paragraph of the complaint, and was, at the time of the cutting, about thirty years old, witb a trunk seventeen inches .in diameter three feet from the ground, and had a top…

2Cases cited5 opinions

  1. Kolb v. BankheadTexas Supreme Court · 1856
  2. Achey v. HullMichigan Supreme Court · 1859
  3. Chipman v. HibberdCalifornia Supreme Court · 1856
  4. Nixon v. StillwellNew York Supreme Court · 1889
  5. Harder v. HarderNew York Supreme Court · 1858

3Cited by14 opinions

  1. Fitzgerald v. Merard Holding Co.Supreme Court of Connecticut · 1927
  2. Samson Construction Co. v. BrusowankinCourt of Appeals of Maryland · 1969
  3. Alfred Atmore Pope Foundation, Inc. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1927
  4. Holley v. Town and Borough of TorringtonSupreme Court of Connecticut · 1893
  5. Huber v. SerpicoNew Jersey Superior Court Appellate Division · 1962

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