Buckingham v. Elliott
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. S. H. Buckingham and T. G. Elliott severally own and reside upon adjoining lots in the city of Aberdeen. The former purchased his house and lot in 1882, the latter bought his in 1884. There are growing upon Elliott’s lot two white mulberry trees, which were planted long, anterior to his or Buckingham’s purchase.
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Appeal from the Circuit Court of Monroe County. Hon. J. W. Buchanan, Judge. S. H. Buckingham and T. G. Elliott severally own and reside upon adjoining lots in the city of Aberdeen. The former purchased his house and lot in 1882, the latter bought his in 1884. There are growing upon Elliott’s lot two white mulberry trees, which were planted long, anterior to his or Buckingham’s purchase. These trees are situated, one twenty feet and the other seventeen feet from the dividing line between Elliott and Buckingham. On Buckingham’s lot there is a well of water three feet from the-boundary line…
1Opinion of the CourtCampbell, C. J.
*300We are not able to draw a distinction between the roots of a tree which extend into a neighbor’s land and overhanging branches. Undoubtedly, if the branches of a noxious tree extend over the land of another and do injury, the owner of the tree may be held responsible for the damage done. To this effect are all the authorities. In Countryman v. Lighthill, 31 N. Y. S. C. Rep. (24 Hun.) 405, it is said: “ The overhanging branches of a tree not poisonous or noxious in its nature are not a nuisance per se in such a sense as to sustain an action for damages.” It was further said that the action was…
2Cases cited2 opinions
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- Abbinett v. FoxNew Mexico Court of Appeals · 1985
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