City of Mobile v. McClure

This is an action at law by the owner of property abutting upon a street for damages claimed by reason of the felling of a shade tree situated on the sidewalk in front of plaintiff’s residence.

The fundamental questions of law which are involved have been settled in this state, and need no further discussion. Brief-, ly stated, they are: (1) That if the tree was cut by the city while engaged in the construction or enlargement of the works, highways, or improvements of the city, and the property, of the lot owner is thereby injured or destroyed, the city is liable in damages to the extent of an…