Cobb v. Western Union Telegraph Co.
Supreme Court of Vermont
Trespass on the freehold, brought to recover damages for the cutting of two trees belonging to the plaintiff. Plea, the general issue, with notice of special matter in defence, in substance, that the defendant had a contract with the Rutland Railroad Company whereby a line of poles and .telephone and telegraph wires was maintained by the defendant upon the right of way of the railroad for the joint use of the defendant and the railroad company; that, acting under the said…
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Trespass on the freehold, brought to recover damages for the cutting of two trees belonging to the plaintiff. Plea, the general issue, with notice of special matter in defence, in substance, that the defendant had a contract with the Rutland Railroad Company whereby a line of poles and .telephone and telegraph wires was maintained by the defendant upon the right of way of the railroad for the joint use of the defendant and the railroad company; that, acting under the said contract and by direction of the railroad company, the defendant cut the branches and parts of the trees which overhung…
1Opinion of the CourtHaselton, J.
This is an action of trespass on the freehold brought to recover damages for the cutting of portions of certain shade trees in front of the plaintiff’s house in Middlebiiry.
The plaintiff’s premises adjoined the right of way of the Rutland Railroad Company; the dividing line, as agreed to on the trial, being the easterly face of a certain wall.
The trees, two in number, upon, which the cutting was done, *344were not line trees, but stood upon the premises of the plaintiff a short distance westerly of the dividing line; though some of the limbs and branches of both and what the exceptions call “the…
2Cases cited4 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Osgood v. Central Vermont Railway Co.Supreme Court of Vermont · 1905
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Skinner v. WilderSupreme Court of Vermont · 1865
3Cited by15 opinions
- Lane v. WJ. Curry & SonsTennessee Supreme Court · 2002
- Holmberg v. BerginSupreme Court of Minnesota · 1969
- Weisel v. HobbsNebraska Supreme Court · 1940
- Obolensky v. TrombleySupreme Court of Vermont · 2015
- Rosa v. OliveiraSupreme Court of Rhode Island · 1975
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