The herald., 1898-07-27
A PEPPfR-TREE ROW
THE RIGHTS OF A PROPERTY
OWNER IN COURT
The Contractor Acquitted by Jury.
The Value Of Shade in
Pasadena

Herald, IS East Colnorado street,. Con-
tractor Charles belong was tried today
by jury In Justice Mertiam's court upon
the charge OF maliciously removing pep
per tree that shaded the Pasadena Pack
ing companys cannery. on Cypress ave-
nue.. and for otherwise damaging the prop
erty of Joseph Wallace, owner of the can
merry, by permitting debris to be rolled on
the lot. Mr.. Wallace, the complainant
was represented by Attorney e. E. Selph
and the defendant by Attorney Adcock.
The following jury was selected TO try
the case: A. b. Case. j. b. Ross, A. Nc
Dewitt L. b. Eaton, J. i. Krauser. Robert
McAdam, K. A. Kennedy. Edwin Stearns
william Pierce, A. A Chubb, r. p. Cong
don and W. S. Melick.
The trouble grew out Of the street work
on Cypress avenue. for which Mr.. De
Long had the contract. Mr.. Wallace
thought the contractor had been reckless
In his manner of grading and in1uring
plaintiffs property; that the tree was not
in the way, and that it was cut without
his permission. Contractor De Long re-
piled that he was only carrying out his
contract with the city.
Mr.. Wallace further testified that there
were some trees along the avenue. some
of which were In the street and some were
not. There was no objection to cutting
down those in the street. One big pepper
tree shaded the cannery and supported
some sheds and boxes. When Mr. wal
lace returned from a short trip on bust
ness he found that this tree had been cut
down and the property disturbed. super
ntendent of Streets Buchanan had visit
ed the place and agreed to let the tree
stand. The rtee was worth easily S75 10
Mr.. Wallace. as 1t shaded the cannery,
served as htching place, etc. The line
Of the street came through the center OF
the tree, and the contractors had to dig
three or four feet into Mr.. Wallace's prop
erty to remove the tree. The barn extend
ed over the street a few inches, but the su-
perintendent of streets had said that 1t
would not have to be removed.
Street Superintendent Buchanan testi-
fed that he had heard complaint that Mr..
Wallace would not remove trees projecting
on the street. Mr.. Buchanan had replied
that the contractor must do everything ac-
cording to contract If the property owners
demanded it. There was some trouble
among neighbours up there. Fully one-ha1
the tree was in the street and Mr. Buchan-
an thought that Mr.. Wallace had no cause
for demanding damages.
The defendant Charles De Long told
Of his contract with the city, and stated
that he had been requested by Mr.. Wallace
not to remove the tree unless the property
owners, for whose benefit the grading was
being done, objected. Two property own
ers did object and Mr.. De Long went to
see MP. Wallace. Finding that gentleman
out Of town, he went ahead and removed
the tree.
A number of neighbors testified as to the
value Of the tree and to minor details. The
case was given to the jury this evening
| and they returned a verdict OF not guilty.
The suit was for 1929. Mr.. Wallace al
legged that the tree was worth s75, and that
his property had been injured TO the extent
of s25 more by an improperly constructed
fill. According to statute law, therefore,
he could demand triple damages.
Personal Notes
Miss Pearl Smith of North Madison ave-
nua and George Stamm of Ontario were
married this evening at $50 o'clock at the
catholic church on South Pasadena ave-
nue. by the priest, Rev. l. S. Farrely. Mr..
and Mrs Stamm will reside at Randsburg.
Their many friends in this city wish them
happiness.
The marriage of Miss Agnes Hodge and
Harry Adams Wood will take place tomor-
row afternoon at 2:30 O'Clock at the home of
DR.. Hodge on North Raymond avenue.
Rev. William Jones will of1iciate in the
presence of intimate friends and relatives
only.
Mrs. C. A. White of Hollfster avenue en-
tertained Informally last evening, in honor
of her guest, Miss Kavanagh. Dancing
and refreshments were enjoyed.
G. w. Witherill went to Catalina today
to make arrangements for the stay of his
family there next month.
Miss Minnie Tyler ia visiting In Santa
| Monica.
Harry Stibbens Is down from Camp Mer-
d. G. I've. and family have gone to Long
Beach.
Mr.. and Mrs i. e. Jarvis and son have
gone TO Catalina.
Mr.. and Mrs. Clarence Bushnell, Mr.. and
Mrs. Slate, S. l.. Wallis and Miss White
will leav Friday for Bear valley, to be gone
month.
| The funeral Of Miss Lille Thorns will
take place Wednesday at p. m. from the
Universalist church.
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