Kelleher v. French

As has been pointed out in the majority opinion, all of the cedar trees here in litigation are more than one mile and less than two miles from any apple orchard. At the final hearing of this case a totally new and unexpected fact was proved. As originally introduced in the House of Delegates, the cedar rust bill provided in both the first and second sections for a limit of two miles, and on the second reading of the bill an amendment changing the first section so as to read one mile was adopted. No change was made in section 2. A difference of opinion as to the weight properly to be given to…