Village of Cattaraugus v. Johnson

The action is brought by the village to recover a ten-dollar penalty under village ordinance No. 41, which reads as follows: “No person shall in any manner injure or destroy any shade tree in the streets or parks of the village; nor hitch any team, horse, or other animal, at or to such shade tree, or near enough thereto so that such shade tree may be injured thereby, under a penalty of ten dollars for each and every offense.”

The facts were stipulated in Justice Court as follows: “ It is stipulated on the record in the trial of this action that the following are the facts:

“ That the plaintiff…