Colombe v. City of Niagara Falls

Noonan (Thomas H.),

Official Referee. In this action the plaintiff is asking that the defendant be ordered to remove a shade tree growing in the city street in front of her property, and also, incident*595ally, to pay her for repairs to her sewer which, it is claimed, were made necessary because the roots of the tree grew into and stopped up the sewer from the house to the sewer in the center of the street.

When the action was reached for trial before Justice Frank A. James he referred it to me, an official referee of the Supreme Court, to hear and determine, and it was tried on March 5, 1937, at…