Cody v. City of North Adams

“On June 16, 1925, and for many years prior thereto a large elm tree, a public shade tree, stood at a point in the southerly part of . . . [Quincy Street, a public highway in North Adams] within the limits of the said highway and land of the” petitioner, “partly within the area of the sidewalk of said street and partly within the area used for vehicular travel.” The tree was “approximately sixty feet in height and about eleven feet in circumference at its base.” It was decayed in the trunk near its base and some of the roots had been severed for purposes of sidewalk construction. On June 16,…