Hoffman v. Armstrong
New York Supreme Court
PPBAL from a judgment rendered at the circuit, upon a verdict. The action was brought to recover damages for an assault and battery. The defendant and Dr. Hoffman, the brother of the plaintiff and with whom she resided, were the owners of adjoining lots. A cherry tree stood upon the land of Dr. Hoffman, with limbs overhanging the land of the defendant, The plaintiff undertook to' pick the cherries from the limbs of the tree which overhung the defendant’s land.
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PPBAL from a judgment rendered at the circuit, upon a verdict. The action was brought to recover damages for an assault and battery. The defendant and Dr. Hoffman, the brother of the plaintiff and with whom she resided, were the owners of adjoining lots. A cherry tree stood upon the land of Dr. Hoffman, with limbs overhanging the land of the defendant, The plaintiff undertook to' pick the cherries from the limbs of the tree which overhung the defendant’s land. The defendant forbade her doing so ; and she still persisting, the defendant attempted to prevent her, by force, and she was somewhat…
1Opinion of the Court
By the Court, Welles, J.
The cherry tree in question stood upon the land of Dr. Hoffman, about two feet from the division line between his premises and those of the defendant, and a portion of the limbs of the tree overhung the defendant’s land. It is claimed on behalf of the defendant, *338that so much of the limbs of the tree as overhung his land, together with the fruit on the same, was his property, and that the assault and battery complained of was committed in defense of his possession and in preventing the plaintiff from taking the cherries from the limbs of the tree which so overhung his…
2Cases cited2 opinions
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Aiken v. BenedictNew York Supreme Court · 1863
3Cited by1 opinion
- Buckingham v. ElliottMississippi Supreme Court · 1884