Kellar v. Central Telephone & Telegraph Co.
New York County Courts
The defendant company, while engaged in erecting a telephone pole in the street in front of the plaintiff’s premises in the village of East Syracuse, Onondaga county, bT°w York, broke off a limb from a tree in front of the plaintiff’s premises. This action was brought in justice’s court to recover treble damages for such injury pursuant to the provisions of sections 1667 and 1668 of the Code of Civil Procedure.
1Opinion of the CourtRoss, J.
A judgment was obtained before the justice of the peace for substantial damages, which amount he trebled under the sections above cited, and from such judgment this appeal is taken. The evidence is not very precise as to whether the tree was upon the land owned by the plaintiff or immediately in front of his premises in the street; but, as I understand, the plaintiff does not claim upon this appeal that he owned the fee to the street. I believe that only an owner of the fee can invoke the benefits of the sections cited.
The language of section 1667 is: “If any person cuts down or carries off…
2Cases cited2 opinions
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Van Siclen v. Jamaica Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- London v. CourduffAppellate Division of the Supreme Court of the State of New York · 1988
- Pfohl v. RuppAppellate Division of the Supreme Court of the State of New York · 1915