Davies v. Jagger
Appellate Division of the Supreme Court of the State of New York
Motion for leave to appeal to the Court of Appeals from an order of this court, filed on April 22, 1921, affirming a judgment in favor of plaintiff, entered in the office of the clerk of the county of Suffolk on the 14th day of October, 1919, upon the verdict of a jury, and an order denying defendants’ motion for a new trial, in an action to recover damages for the wrongful destruction of shrubs and other vegetation planted on plaintiff’s property, alleged to have been…
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Motion for leave to appeal to the Court of Appeals from an order of this court, filed on April 22, 1921, affirming a judgment in favor of plaintiff, entered in the office of the clerk of the county of Suffolk on the 14th day of October, 1919, upon the verdict of a jury, and an order denying defendants’ motion for a new trial, in an action to recover damages for the wrongful destruction of shrubs and other vegetation planted on plaintiff’s property, alleged to have been caused by reason of defendants’ permitting a cut or opening to be made through certain sand dunes lying at the foot of…
1Opinion of the Court
Rich, J.:
Pláintiff is the owner of premises situated at the northeast corner of Meadow lane and Cooper’s Neck lane in Southampton, N. Y., which are improved by a residence and numerous shrubs, plants and trees, which were laid out by a landscape gardener. The premises were also surrounded with a privet hedge, six to eight feet in height, which had been growing on the premises for at least thirty years prior to the destruction.
It appears that defendant’s highway superintendent was employed to cart sand from the foot of Cooper’s Neck lane for use on the village highways, and for this purpose a…
2Cases cited2 opinions
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
- Carll v. Village of NorthportAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
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