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Torts Keyed to Underwood
Longenecker v. Zimmerman
Citation:
267 P.2d 543 (Kan. 1954)Facts
The Plaintiff was the owner of a piece of realty. One day, without the plaintiff’s permission, the defendant hired the Arborfield Tree Surgery Company to go upon the plaintiff’s property and trim three cedar trees. The work consisted of cutting out dead branches and cleaning out bagworms. However, as a result of this work, ten feet were cut off the tops of the trees and from such topping the trees would never grow any higher. The plaintiff claimed that she did not want the cedars to stop growing. In the plaintiff’s opinion, the trees were destroyed. The plaintiff claimed that she had a sentimental attachment to the trees since they provided shade and could also serve as ornamental trees. The defendant contended that she was mistaken about the boundary between her and the plaintiff and that she believed the trees were on her property.
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