Finucan v. Ramsden
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Nassau County. Action by Thomas Finucan against Thomas T. Ramsden and others. From a judgment in favor of plaintiff, defendants appeal. Reversed.
1Opinion of the CourtHooker, J.
This action was brought to recover damages alleged to have been suffered by the plaintiff by reason of the defendants having cut down two trees he claimed were growing on his land. The answer raised the general issue, and averred, that the defendants were highway commissioners; that the trees were in the public highway, and obstructed the same; and that the defendants, *431in cutting down the trees, acted as public officers in the performance of their duties. It was not disputed on the trial that defendants were highway commissioners, or that the highway in question, Conklin avenue, was a public…
2Cited by1 opinion
- In re the Judicial Settlement of the Accounts of FlemingNew York Surrogate's Court · 1905