Cooke v. McShane

This action was brought to recover damages for cutting a privet hedge standing along the boundary between the land of the plaintiff and that of the defendant. The trial court found the following facts: The hedge, while somewhat irregular, followed the boundary line as closely as could be expected of such a hedge; it was considered by both parties as a division fence; it had been allowed to grow wild, only occasionally being trimmed, was some ten or twelve feet high, and the tops of the bushes in places extended several feet over the land on either side of the boundary; the defendant lopped…