Village of Cattaraugus v. Johnson — 233 A.D. 799

Majority

p. 799

Village of Cattaraugus, Appellant, v. Fred E. Johnson, Respondent.

Judgment affirmed, with costs, on the ground that the burden of establishing a violation of the ordinance in cutting a shade tree was upon the plaintiff and whether

p. 800

or not the tree in question was a shade tree within the meaning of the ordinance was a question of fact and we cannot say that the decision of the trial justice in favor of the defendant was contrary to the evidence. All concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ. [ 139 Misc. 368 .]

Cases cited

Village of Cattaraugus v. Johnson 139 Misc. 368 Cattaraugus Cty. Ct. 1931-02-26 p. 800