Carter v. Pitcher
New York Supreme Court
Appeal from Allegany county court. Action by Ellen D. Carter against William Pitcher for trespass. From a judgment of the county court affirming a judgment of a justice of the peace in favor of plaintiff, defendant appeals.
1Opinion of the CourtWerner, J.
The trespass complained of was that the defendant entered upon the premises of the plaintiff in the town of drove, Allegany county, and wrongfully cut down and carried away 10 apple trees which were the property of the plaintiff. The defendant’s answer was a general denial. This put in issue, not only the *550alleged trespass, but the ownership of the premises upon which it took place.
The evidence discloses that on or about the 2d day of January, 1894, the plaintiff and the defendant entered into a contract under which the defendant was to cut down certain apple trees upon the premises in…
2Cases cited4 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Randall v. . SandersNew York Court of Appeals · 1882
- Wood v. . LafayetteNew York Court of Appeals · 1877
- Mt. Morris Electric-Light Co. v. United States Horse & Cattle Show SocietyNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Northridge v. AstaritaAppellate Division of the Supreme Court of the State of New York · 1900
- Collar v. Ulster & Delaware Railroad, New York County Courts1911