Nevin v. Public Service Corp.

*128The opinion of the court was delivered by

Voorhees, J.

Review of the judgment entered for the plaintiff is sought by this writ of error. An action in the form of trespass on the case was brought against the defendant, a gas light company, to recover damages for the destruction of five shade trees, planted immediately inside the curb line of a public street, in the city of Camden, in front of the plaintiff's property, alleged to have been destroyed by illuminating gas escaping from the defendant's mains existing under the surface of the street.

The first count of the declaration charged that the…