Bigelow v. Whitcomb
Supreme Court of New Hampshire
Debt, by the tree wardens of the town of Hinsdale, to recover a forfeiture for cutting certain trees growing within the laid-out limits of a highway in the town, and designated by the plaintiffs in the manner required by law, for the purpose of shade and ornamentation. The defendants, who are owners of the adjoining land, pleaded title in the trees.
Read the full summary
Debt, by the tree wardens of the town of Hinsdale, to recover a forfeiture for cutting certain trees growing within the laid-out limits of a highway in the town, and designated by the plaintiffs in the manner required by law, for the purpose of shade and ornamentation. The defendants, who are owners of the adjoining land, pleaded title in the trees. Facts found by a referee, and case transferred from the October term, 1903, of the superior court by Pike, J. In January, 1902, the plaintiffs designated the trees in question for shade and ornamentation, as provided in chapter 98, Laws 1901. No…
1Opinion of the CourtWalker, J.
This action is brought under chapter 98, Laws 1901, relating to the protection and preservation of ornamental and shade trees in highways. It provides (s. 1) that one or more tree wardens shall be appointed by the mayors of cities and the selectmen of towns; (s. 2) that “ towns and cities shall have control of all shade and ornamental trees situated in any public way or ground within their limits, which the tree warden deems reasonably necessary for the purpose of shade and ornamentation; and it shall be the duty of the tree wardens, as soon as possible after their appointment, to carefully…
2Cases cited24 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Chesapeake & Potomac Telephone Co. v. MackenzieCourt of Appeals of Maryland · 1891
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
19 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Carter v. Town of DerrySupreme Court of New Hampshire · 1973
- County of Santa Barbara v. MoreCalifornia Supreme Court · 1917
- Baldwin v. WallaceSupreme Court of New Hampshire · 1929
- Laconia v. MorinSupreme Court of New Hampshire · 1943
- Vaughn v. New DurhamSupreme Court of New Hampshire · 1943
2 more not listed; retrieve them via the Exa API.