Stretch v. Village of Cassopolis
Michigan Supreme Court
Error to Cass; Coolidge, J. Trespass quare clausum fregit by Edith Stretch against the village of Cassopolis. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtMontgomery, C. J.
The sole question which this record presents is whether a village, acting under the general incorporation act (1 Comp. Laws 1897, chap. 87), may cut down and remove shade trees standing within the highway, and which have been planted and maintained by the abutting owner, who owns to the center of the street, when such removal is without previous notice to the abutting owner to remove the trees.
There is no question but that the abutting owner has the title to shade trees adjoining his premises. Cooley, Torts, 318; Clark v. Dasso, 34 Mich. 86; Rogers v. Randall, 29 Mich. 41; People v. Foss, 80…
2Cases cited5 opinions
- Clark v. DassoMichigan Supreme Court · 1876
- Board of Comm'rs of Shawnee Co. v. BeckwithSupreme Court of Kansas · 1873
- Wyant v. Central Telephone Co.Michigan Supreme Court · 1900
- People v. FossMichigan Supreme Court · 1890
- Rogers v. RandallMichigan Supreme Court · 1874
3Cited by7 opinions
- City of Paola v. WentzSupreme Court of Kansas · 1908
- Burget v. Incorporated Town of GreenfieldSupreme Court of Iowa · 1903
- Miller v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1900
- Miller-Lagro v. Northern States Power Co.Supreme Court of Minnesota · 1998
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
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