6o4 LEGAL DEPARTMENT. 



some fruit trees stood upon the division fence and undertook to pick 

 some cherries from the limb of a tree which hung over a neighbor's 

 land. The neighbor forbade her taking the cherries, but she con- 

 tinued picking them and he attempted to prevent her by force, and did 

 her a personal injury, for which she recovered a judgment of $i,ooo. 



If it falls from the overhanging tree on to a neighbor's land, it still 

 belongs to the owner of the tree, though he might be liable for trespass 

 in going upon a neighbor's land to gather it. In such action the 

 recovery cannot include anything more than the actual injury to the 

 premises upon which the owner of the fruit entered without permission. 



Branches overhanging the boundary line may be cut off up to the 

 line, but belong to the party who owns the tree, and the person cutting 

 them off, if he use them, will be obliged to pay such owner for them. 



A tree standing upon a boundary line, so that part of its trunk is 

 upon each side of the line, belongs to the adjoining owners in common, 

 neither is at liberty to cut the tree without the consent of the other, 

 nor to cut away a part which extends into his land if by so doing he 

 injures the common property. (Dubois v. Beaver, 25 N. Y. 123.) The 

 ownership of land includes everything beneath and above the surface, 

 with the right to the enjoyment in such a manner as he may see fit so 

 long as such use does not interfere with a similar right which belongs 

 to his neighbor of enjoyment of his lands. An adjoining owner has 

 not the right to maintain upon his lands a nuisance which would pre- 

 vent an adjoining owner from the enjoyment of rights which belong 

 to him. 



One owner may be restrained from keeping swarms of bees so near 

 the division line as to interfere with and prevent the proper use and 

 enjoyment of the lands of the adjoining owner. 



A person may plant shade trees upon his own lands, cover them with 

 a thick forest if he desire, and the owner of adjoining lands, though he 

 may have a house near the boundary Hue, has no right of action against 

 the owner of the trees if the house of the adjoining owner is made 

 damp and unhealthy thereby. 



Trees Poisonous to Animals.— The owner of a farm is liable for 

 damage caused by a tree that is poisonous to animals, where the 

 branches hang over the division line and poison cattle or sheep upon 

 the adjoining land ; but if cattle break through the fence, which belongs 

 to the owner of the cattle to build and maintain, and escapes to poison- 

 ous trees which are distant from the boundary line, and are injured 



