The Penn's Grove record., 1904-07-01
County Court,

Judge Endicott heard cases in Salem
county court last week. The suit of JOS
eph S. Black and John w. Dubois, trad
ing as Black & Dubois against Stephen
johnson, colored, for 500 balance due in
a horse trade, was decided in favor OF the
plaintiff with SIS interest added.
An interesting case came from Elmer.
When Main street in that Borough was
widened a large number of trees had to
be taken out. Some of the property
owners parted with theirs willingly,
while others believed they were entitled
to damages. These Improvements had
been going on for some time until July
1901, when Borough Council ordered
FaYette Richman and Simon Camp to re-
move the trees, fence and terrace from in
front of the o. P. Hitchner residence,
claiming that under the public improve
ment act they had a perfect right so to
do; that they were distractions and a
nuisance to travel. The trees had been
planted eighteen years ago by Mr.. Hitch
ner. They were situated four feet from
the curbing while two feet in the rear of
the trees was located the fence. The
pavement was widened to eight feet.
}. w. Westcott, for the plaintiffs, CON
tended that, under the laws, no individ-
ual or officer had a right to take away
private property for the purpose of pub
lie improvement without a just une
ton to the owner. MI. Westcott then
called a number of witnesses to the stand
to testify to the amount of damages done
to the premises by the removal of these
trees, etc. Rufus w. Smith thought the
damage between $500 and $500. Frank
Brown thought it wouldn't exceed $500
and Lemuel Greenwood between $500 and
$500.
Mr.. Acton, for the defendants, claimed
that the Hitchner's had ~encroached up
on the public road, which, years ago, was
known as the Kings Highway. To sup
port his claim he had the records OF the
earliest c~onveyances OF this land showing
that as early as 1910 when the land was
owned by John Adams the depth of the
tract was only 4 chains and ninety links,
and called to the edge of the highway.
Abram Cochran, Esq, of Elmer, made
nj the deed for the Hitchner lot some
twenty years ago, lie gave to MIR. Hitch
ner from this original 4 chains and 80
links tract a lot OF 5 chains and % links
in depth and extending to the middle, of
the public road.
Prominent citizens testified that the
value of the property had been increased
by the Improvements made by the Bor-
ough Council, some estimated it as high
as $500.
In delivering his charge to the jury
Judge Endicott said that owners of land
W t o the middle of the highway; 9TH
ers than travellers over the pavements
were trespassers; the law recognized the
presence of trees along the sidewalks, and
public authorities should not uproot
them unless they are a menace to travel,
and that they must not be destroyed ex-
cept as a public necessity. He also said
that private property cannot be taken
without just remuneration.
The jury returned a verdict of no cause
for action.
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