Dodd v. Consolidated Traction Co.
Supreme Court of New Jersey
In tort. On demurrer to plea. Certified case. This action was' brought to recover damages for the alleged destruction by the defendant of certain shade trees of the plaintiff, while constructing its trolley road.
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In tort. On demurrer to plea. Certified case. This action was' brought to recover damages for the alleged destruction by the defendant of certain shade trees of the plaintiff, while constructing its trolley road. The plea demurred to sets out its chartered rights and various statutes, under which it claims the right to build its road, and then avers “ and in the stringing of the said wires (did) necessarily and unavoidably a little trim and cut off some of the branches of the said trees of the said plaintiff which thén did overhang the street called Ocean avenue, doing no unnecessary damage…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The defendant is entitled to judgment on this demurrer.
The boughs of the trees that were trimmed overhung the street, and were subject to removal by the municipal authori*483ties whenever the public exigency or convenience required it. The city had conferred on the defendant the right to extend its wires, in the usual mode, along the streets; and such authority involved, by implication, the competency to do whatever was reasonably necessary to effect the end in view. Whatever the city could have done to carry into effect the project…
2Cited by4 opinions
- Bronson v. Albion Telephone Co.Nebraska Supreme Court · 1903
- Miller v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1900
- Altpeter v. Postal Telegraph-Cable Co.California Court of Appeal · 1917
- Miller v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1900