Village of Cattaraugus v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment affirmed, with costs, on the ground that the burden of establishing a violation of the ordinance in cutting a shade tree was upon the plaintiff and whether *800or not the tree in question was a shade tree within the meaning of the ordinance was a question of fact and we cannot say that the decision of the trial justice in favor of the defendant was contrary to the evidence. All concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ. [139 Misc. 368.]