Mathews v. PATTON

385 Pa. 625 (1956)

Mathews

v.

Patton (et al., Appellant).

Supreme Court of Pennsylvania.

Argued April 27, 1956.

June 25, 1956.

Before STERN, C.J., BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

Edward H.P. Fronefield, with him Edward H. Bryant, Jr., and Lutz, Fronefield, Warner & Bryant, for appellant.

Howard Richard, with him Berman & Richard, for appellees.

OPINION BY MR. JUSTICE MUSMANNO, June 25, 1956:

A big oak tree, with a trunk diameter of four feet, rears its circumferential luxuriant head and shoulders at the northwest corner of Huey and Brookfield Avenues in Philadelphia. In the month of August its…