Delaware & Atlantic Telegraph & Telephone Co. v. Jordan
Supreme Court of Delaware
Writ of Error to the Superior Court of the State of Delaware, in and for New Castle County. This action was brought in the court below to recover damages for cutting and mutilating certain shade and fruit trees, and the plaintiff had a verdict (see 1 Boyce 107). A writ of error was sued out. Judgment affirmed. The case is stated in the opinion.
1Opinion of the Court
Curtis, Ch.
delivering the opinion of the court:
This caste comes up on bill of exceptions. The action of the plaintiff below was for damages to trees upon the public road on which the farm owned by the plaintiff abuts, and the defense was that the right to trim the trees was given to the defendant by Marshall S. Jordan, the husband of the plaintiff. To prove this defense, the defendant put in evidence, against the objection of the plaintiff, an agreement in writing under seal purporting to have been signed by Marshall S. Jordan on August 11, 1905, with other persons, owners of other property,…
2Cited by5 opinions
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- Sheats v. BowenDistrict Court, D. Delaware · 1970
- Farny v. Bestfield Builders, Inc.Superior Court of Delaware · 1978
- Hyland v. SouthwellSuperior Court of Delaware · 1974
- Southern Bell Tel. & Tel. Co. v. Lloyd, Circuit Court of the 4th Judicial Circuit of Florida, Duval County1969