Van Siclen v. Jamaica Electric Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by- the defendant, The Jamaica Electric Light Company, from a judgment of the Supreme Court in favor of the plain tiffs^ entered in the office of the clerk of the county of Queens on the 2Sth day of April, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of May, 1899, denying the defendant’s motion for anew trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action was brought to recover damages for a trespass committed by the defendant in April, 1898, upon the lands of the plaintiffs. The trespass consisted in entering upon tlie plaintiffs’ lands' and mutilating certain trees situate thereon, by cutting off several of their limbs. The action is sought to be maintained as coming within the provisions of sections 1667 and 1668 of the Code of Civil Procedure, treble damages for the injury being demanded in the complaint. '
We must assume that the defendant possesses authority to construct and maintain its poles in the highway opposite…
2Cases cited3 opinions
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Vanderbilt v. . the Richmond Turnpike CompanyNew York Court of Appeals · 1849
- Lang v. New York, L. E. & W. R.New York Supreme Court · 1894
3Cited by8 opinions
- Norman Milling & Grain Co. v. BethuremSupreme Court of Oklahoma · 1914
- St. Paul Realty & Assets Co. v. Tri-State Telephone & Telegraph Co.Supreme Court of Minnesota · 1913
- Kellar v. Central Telephone & Telegraph Co., New York County Courts1907
- Reber v. Bell Telephone Co.Missouri Court of Appeals · 1916
- White v. BerryNew York Supreme Court · 1927
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