Village of Cattaraugus v. Johnson

Appellate Division of the Supreme Court of New York

Village of Cattaraugus v. Johnson

233 A.D. 799

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 799 (Village of Cattaraugus v. Johnson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Village of Cattaraugus v. Johnson, 233 A.D. 799 (N.Y. Ct. App. 1931).

Pincite

Opinion

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 [800]*800or 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.]

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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 [800]*800or 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.]

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Bluebook (online)

233 A.D. 799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-cattaraugus-v-johnson-nyappdiv-1931.

Opinion

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