The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-07
Ivy VINE THAT TRESPASSES.
PLANTED MRS. SYME; SPREADS
OVER CHURCH WALL.

She Says It's Her Vine and the Church
Mustn't Take II DOwn-She Won't Even
Allow ScafrOld 10 Oyerhans Her
PrOperty-Allesed Talk OF shooting.
Supreme Court Justice Wilmot NJ Smith
in Brooklyn yesterday after hearing argu-
ment in the case Of Mary j. Syme to make
permanent an injunction restraining the
Roman Catholic Church of st. Casimir,
on Greene avenue, from removing some
Japanese ivy growing on her premises adj
joining the church, reserved decision.
1t is contended that many years ago the
ivy was planted by the plaintiff. but 1t has
climbed and spread all over the side Of the
church, clinging to it 30 tightly that 1t has
loosened the cement and caused the wall
and roof of the church to leak. The church
authorities maintain that they desire to re-
pair the roof and wall, but that this cannot
be done until the ivy is taken down, and
that Mrs. Syme refused TO permit them to
enter her land to do the work on the church.
Counsel for the church said that after
steeple climber had been engaged to take
down the ivy the brother OF the plaintih
said
If you or any one else interferes with the
ivy will shoot him, and If a scaffold beput
up will cut the rope
Mrs. Syme's lawyer cited authorities to
show that the ivy belonged to her. az the
trunk was in her ground, no matter where
the branches or tendris might be.
Counsel for the church. people said that
the plaintiffs brother said that the plain
tifr owned the land from the centre OF the
earth to the throne Of God, Counsel said
he did not think her conduct III this matter
was at all neighborly
This is an action, continued counsel, in
which trespasser seeks the aid Of the court
to continue her trespass This wall is not
on the line between the two properties,
for here is survey we nave mao maze
OF the distance from the rear to the front
IL within our own boundaries. We con-
tend that this place Of worship is made
damp and uncomfortable by this unreason-
able woman. We have not threatened to
trespass upon her property. On the other
ha,,d, we sought merely for the privilege
OF suspending a scaffold from our roof to,
paint our own wall, which she has denied U.S.
.We assured her that We would employ
ing and that he would contract not to let
any debris fall upon her property. We
were told by her brother, lawyer. that
II we went on her property we would be
than a hysterical Office lawyer behind a
loaded gun, who believes he stands for
principle He's more to be feared than
cowboy; 40 we concluded to worship in
holiness and peace and suffer the neon:
venience.
Il do not share in the o. inion Of my OPP
poneuts that thew own from the. centre
of the earth to the centre OF heaven.
| do not believe in the law that man
should not occupy the air over per-
will come when the airships will be plying
back and for tn overhead and will have as
much right thereto as the ships have to
Div the ocean ask that the injunction
be dissolved, with costs.
, Justice smith took the papers and re-
served decision. Bishop Mcdonnell is
named az codefendant. He made answer
that as the Bishop of the Catholic Church
OF Long Island he owned the property but
that the Rev. Father Nawracki IL the ten
mt in control