Legal Opinion

Tissot v. Great Southern Telegraph & Telephone Co.

Supreme Court of Louisiana

Decided December 15, 1887No. 9947PublishedCited by 24 opinions

APPEAL from tbs Civil District Court for the Parish of Orleans. Monroe, J. 1. Defendant’s employes entered plaintiffs’ premises (in their absence and without their knowledge or consent), by climbing the boundary fence, and destroyed the outer limbs of two ornamental magnolia trees. This is a trespass, and plaintiffs have their action for it, though no other damage be proved.

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APPEAL from tbs Civil District Court for the Parish of Orleans. Monroe, J. 1. Defendant’s employes entered plaintiffs’ premises (in their absence and without their knowledge or consent), by climbing the boundary fence, and destroyed the outer limbs of two ornamental magnolia trees. This is a trespass, and plaintiffs have their action for it, though no other damage be proved. Sutherland Damages, 3, pp, 364, 385, 869, 469 , Cooley on Torts, pp. 63-4. 8. The wanton destruction of shade trees may be an irreparable injury. Delacaux vs. Villero, XI Ann. 39; Sutherland Damages, p 374. See also…

1Opinion of the Court

Tlie opinion of tlie Court was delivered by

Bermudez, C. J.

This is an action to recover $2500 damages for trespass on plaintiffs’ premises, injury done to valuable trees thereon, etc., by employees of the defendant company, whose action is characterized as wanton, malicious and violative of the rights of petitioners.

After issue joined by a general denial, the case was tried and' a judgment rendered for $750 damages, from which the defendant company appeals.

The facts do not appear to be disputed : wirh the district judge, we find them to be the following :

Tiie plaintiffs are the owners of the…

2Cases cited1 opinion

  1. Salt Lake City v. HollisterSupreme Court of the United States · 1886

3Cited by24 opinions

  1. Lambert v. American Box Co.Supreme Court of Louisiana · 1919
  2. Wilson v. State, Through Dept. of HighwaysLouisiana Court of Appeal · 1979
  3. Angelloz v. Humble Oil & Refining Co.Supreme Court of Louisiana · 1940
  4. Oglesby v. Town of WinnfieldLouisiana Court of Appeal · 1946
  5. City of New Orleans v. Shreveport Oil Co.Supreme Court of Louisiana · 1930

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