AMERICAN INSTITUTE. 509 



■with inverted posts, and packing with limestone^ at an additional 

 cost often cents per panel; and I am sure that it will save, over 

 the ordinary fence, the price of the fence in fifteen years." 



Mr. Lawton wished to know if there was any law to prevent a 

 person from planting trees on his own land, quite up to the line, 

 where the roots and shade will both be injurious. 



Another member wished to know who OAvned the fruit of over- 

 hanging limbs. 



Solon Robinson answered that question. It is now well settled 

 law, by several judicial decisions, that if a tree growing upon my 

 land overhangs the ground of my neighbor, the fruit belongs to 

 me, and I may enter upon his land for the purpose of gatliering 

 it, provided I do not damage beyond what may be necessary in 

 carefully gathering the fruit. At the same time, it is equally good 

 law that my neiglibor may cut off all overhanging limbs, and all 

 roots that grow in his ground; but while he permits them to 

 grow, I am to enjoy the benefit. 



Judge Livingston, the chairman, confirmed this view of the case, 



Adrian Bergen, of Gowanus, Long Island — Mr. Bergen is a hard 

 working and thinking farmer, whose observations lead to judg- 

 ments that have the corresj)onding value. 



He said that the division fences were attended with the baneful 

 nuisances of foul weeds and insect enemies of our crops. That 

 one farmer who leaves these foul head lands to grow their weed 

 seeds, scatters them over the clean fields of his neighbors, and 

 thus his lack of knowledge or industry, or both, prove a serious 

 damage to his betters^ who try to keep their farms and head lands 

 cleanl And that this weed seed pestilence seemed to demand re- 

 lief by removing all fences and keeping animals up. 



Solon Robinson spoke with energy upon this topic. From his 

 extensive observation throughout the United States, he was com- 

 pelled to conclude that the weed seed nuisance, from so many 

 dirty head lands was so bad, that we had better burn all our 

 barns than allow it to exist. 



Mr. Lawton adverted to the planting of trees on the division 

 lines, which gave rise to the question of the legal riglits of the 

 parties as to the shade, roots and fruits of such trees in and over 

 these grounds. 



