Cannon v. Neuberger

DUNFORD, District Judge.

Plaintiff brought this action to abate a claimed nuisance in the form of three Carolina Poplar trees and two Siberian Elm trees which defendants have upon their property. The trial court ordered the Carolina Poplar trees “topped” by cutting twenty feet from the tops thereof, ordered removed the dead wood and sufficient of the branches to overcome a danger of the trees being blown over onto plaintiff’s property. Plaintiff appealed claiming under three assignments of error, that the court should have ordered defendants’ to remove the offending trees from their property…