Smith v. Ess

Defendant, as superintendent of highways of the town of Allen, Allegany county, announced his intention of straightening the traveled road of the Short Tract highway running through plaintiff’s farm, which project contemplated the removal of two balm "of Gilead trees standing about on the eastern edge of the ditch on the east side of the worked portion of the highway in front of plaintiff’s residence. The plaintiff to restrain defendant from removing these trees brings this action, alleging that they are not within the highway, and that such act would be a-trespass, inflicting an injury to…