Village of Lancaster v. Richardson
New York Supreme Court
This was an appeal by the plaintiff, upon a case and exceptions, from a judgment entered on an order of nonsuit, upon a trial by the court and a jury.
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This was an appeal by the plaintiff, upon a case and exceptions, from a judgment entered on an order of nonsuit, upon a trial by the court and a jury. It appeared that the defendant resided in the village of Lancaster, and owned land whereon there was a block of brick buildings fronting on and bounded by Main street, which was a public highway, four rods in width, regularly laid out, and had been used for more than twenty-five years; that shade-trees had been planted, more than six feet apart, along either side of the street, in rows, one of which rows extended along the front of the…
1Opinion of the Court
*139By the Court
Mullin, P. J.
This action was brought to recover a penalty of five dollars for violation of a by-law of the village of Lancaster, forbidding any person to willfully cut, mar, or otherwise injure, or cause to be injured, any shade trees planted along the streets and sidewalks of the said village.
The defendant owned the land on which the trees in ques tian were standing, and, deeming them to be too near together to admit of their growth without injury to each other, and apprehensive that they would injure his fences and endanger the health of his family, he cut down two of the said…
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