Hitchner v. Richman

The opinion of the court was delivered bjr

Gummere, Chief Justice.

The declaration in this case charges the defendants with breaking and entering the close *235o'f tlie plaintiffs in the borough of Elmer and cutting down and destroying trees standing thereon, and also breaking down and removing a portion of the fence surrounding the enclosure. The defences introduced to the alleged trespass were, first, that the trees and fence encroached upon one of the public streets of the borough; that they were unauthorized obstructions to public travel, and constituted a public nuisance which the defendants,…