Van Ness v. New York & New Jersey Telephone Co.

The opinion of the court was delivered by

Bergen, J.

The defendant below cut down a shade tree standing along the sidewalk near the boundary, but within the lines of plaintiff’s property, for which alleged wrong to his freehold he brought this suit. The action was styled in tort, and the declaration charged a trespass. The plaintiff had a verdict for $400 and entered judgment thereon, which this writ of error challenges upon two grounds, viz.: The admission of expert testimony by a witness not shown to be qualified to give an expert opinion, and also, for refusing to nonsuit, upon the ground…