Village of Cattaraugus v. Johnson

Full title: VILLAGE OF CATTARAUGUS, Appellant, v. FRED E. JOHNSON, Respondent

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 1, 1931

233 App. Div. 799 (N.Y. App. Div. 1931)

Opinion

May, 1931.

Present — Sears, P.J., Crouch, Taylor, Thompson and Crosby, JJ. [ 139 Misc. 368.]

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 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.

_ See Ord. No. 41, effective Feb. 25, 1925. — [REP.