Pfohl v. Rupp
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John P. Rupp and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 23d day of January, 1914, upon the verdict of a jury for $150, found as the actual damages sustained by plaintiffs, which amount, after the verdict on motion of the plaintiffs, was trebled by the court and judgment entered accordingly; also, an appeal from an order entered in said clerk’s office…
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Appeal by the defendants, John P. Rupp and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 23d day of January, 1914, upon the verdict of a jury for $150, found as the actual damages sustained by plaintiffs, which amount, after the verdict on motion of the plaintiffs, was trebled by the court and judgment entered accordingly; also, an appeal from an order entered in said clerk’s office on the same day, denying defendants’ motion for a new trial made upon the minutes.
1Per curiam
This action was for trespass in cutting without plaintiffs’ consent two shade trees which plaintiffs alleged were at that time growing upon their land. Treble damages were demanded in the complaint. The defense was a general denial.
The court seems to have instructed the jury to the effect that one of the theories upon which plaintiffs might be found entitled to a recovery of damages was that though the trees may at the time they were cut have been growing upon premises, the fee of which was not in plaintiffs, yet if they were *631found to be within the limits of a public highway, upon which…
2Cases cited3 opinions
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Kellar v. Central Telephone & Telegraph Co., New York County Courts1907
3Cited by3 opinions
- Stevens v. StateNew York Court of Claims · 1959
- Ton-Da-Lay, Ltd. v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1980
- White v. BerryNew York Supreme Court · 1927