EXPERIMENT STATION BULLETINS. 567 



GENERAL HIGHWAY LAW. 



§ 4463. Sec. G. Any person who shall wilfully injure, de- Jj'pJ"P' ^°^ 

 face, tear, or destroy any tree or shrub planted along the ment's; 

 margin of the highway, or purposely left there for shade or horeesTo"' 

 ornament, or who shall hitch any horse to any such tree, by ^^'^^' ^^<=- 

 means of w^hich the same shall suffer injury, or who shall 

 negligentlj' or carelessly, by any other means suffer any 

 horse or other beast driven by or for him, or any beast be- 

 longing to him and lawfully in the highway, to break down, 

 destroy, or injure any tree or shrub not his own, standing 

 for use or ornament in any higliway, shall be liable to an 

 action for damages in a sum not less than one nor more than 

 twentj'-five dollars for each offense, to be recovered at the 

 suit and for the benefit of the owner or tenant of the land 

 in front of which such tree or shrub stands, or at the suit 

 of the commissioner in whose township such tree or shrub 

 may be situated, for the benefit of the highway improvement 

 fund for such township. 



Shade Trees: The policy of our laws favors the planting 

 and preservation of shade trees in the public streets where 

 they do not constitute actual obstruction. Clark v. Dasso. 

 34/86. A highway commissioner who has wantonly sold 

 trees in a highway cannot justify his action when sued in 

 trespass by the owner by the statute authorizing him under 

 certain circumstances to order the removal of trees from the 

 highway. — Id. A telephone company, authorized to erect its 

 line along a country highway, has the right to cut aw^ay ob- 

 structing branches of trees, to admit of free passage of the 

 wires, without first giving the abutting proprietor an oppor- 

 tunity to do so, but it will be answerable to him for any un- 

 necessary, improper or excessive cutting. — ^AVyant v. Cen. 

 .Tel. Co., 123/51. See section 205. 



§ 4465. Sec. 8. If any trees shall fall or be fallen by any Removal of 

 person from any occupied land into any highway, any per- fS m 

 son may give notice to the occupant of the land from which hijchwaye. 

 such trees shall have fallen to remove the same in two days, 

 and if such tree shall not be removed within that time, but 

 shall continue in such highwaj^, such occupant shall forfeit 

 the sum of fifty-cents for every day thereafter until such 

 tree shall be removed. 



§4466. Sec. 9. If any person or persons unless duly au- Depot its of 

 thorized by the highway commissioner of the township shall fubS.' etc. 

 put any garbage, rubbish or waste material of any kind into 

 any highway of any township of this state, with the intent 

 to permit tlie same to remain therein, to the injury in any 

 way of said highway, or to the annoyance of the citizens of 

 this state, or any of them, every person so offending shall be 



