Martin v. Erwin
Martin v. Erwin
Opinion of the Court
The opinion of the court was delivered by
This is an appeal from the Second District Court of Jersey City. The action was brought to recover $300 damages for an alleged trespass by defendant in entering upon the premises of plaintiffs and cutting and removing therefrom three vines growing thereon. The ease shows that the vines had been planted in plaintiffs’ yard near the iron fence which separated the yard of plaintiffs from the yard of defendant, the two occupying brick dwellings adjoining each other, fronting on Astor Place, Jersey City. The vines known as “Boston ivy” had a growth of twelve years and had crossed the division fence and crept up the front walls of the two houses. The case shows that there was evidence on the part of plaintiffs tending to show that the vines covered the entire front of plaintiffs’ premises and produced an ornamental effect, and that as a result of the cutting the front of plaintiffs’ dwelling became bare and unsightly, requiring to be painted, and that the value of the vines and their ornamental effect upon the premises of plaintiffs was $200.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.