Hoffman v. . Armstrong
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment for the plaintiff entered on a verdict. The action is for assault and battery. (Reported below, 46 Barb., 337.) The facts are these : Dr. Hoffman and the defendant were the owners of adjoining lands, separated by a line fence. There was a cherry tree standing upon the land of Dr. Hoffman with limbs overhanging the land of the defendant.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment for the plaintiff entered on a verdict. The action is for assault and battery. (Reported below, 46 Barb., 337.) The facts are these : Dr. Hoffman and the defendant were the owners of adjoining lands, separated by a line fence. There was a cherry tree standing upon the land of Dr. Hoffman with limbs overhanging the land of the defendant. The plaintiff, who was a sister of Dr. Hoffman, and lived with him, went upon the line fence and undertook to pick cherries from a limb of the…
1Opinion of the Court
Lott, Ch. C.
The only material question presented in this case is, whether the owner of land overhung by the branches of a fruit tree standing wholly on the land of an adjoining owner is entitled to the fruit growing thereon.
The defendant claims that the ownership of land includes everything above the surface, and bases, his claim on the maxim of the law “ Cujus est solum ejus est usque ad ceelum,” and that consequently he was the owner of the overhanging branches and the fruit thereon. The general rule unquestionably is, that land hath in its legal signification an indefinite extent upward,…
2Cases cited2 opinions
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Aiken v. BenedictNew York Supreme Court · 1863
3Cited by13 opinions
- Gostina v. RylandWashington Supreme Court · 1921
- Hynes v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Sterling v. WeinsteinDistrict of Columbia Court of Appeals · 1950
- Harndon v. StultzSupreme Court of Iowa · 1904
- Hynes v. New York Central RailroadNew York Court of Appeals · 1921
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