Elvins v. Delaware & Atlantic Telegraph & Telephone Co.

The opinion of the court was delivered by

Van Syckel, J.

The declaration in this case charges the defendant company with breaking and entering the plaintiffs’ «lose and mutilating and cutting a number of shade and ■ornamental trees.

The writ of error is prosecuted to review the judgment rendered for the plaintiffs in the trial court.

The plaintiffs owned the premises in fee on which the trees ■stood, subject to a mortgage. The defendant offered to prove that at the time of the alleged trespass the mortgage exceeded the value of the property, and that the mortgage had been .•subsequently…