MATHEWS v. PATTON et al.


385 Pa. 625 (1956)

Mathews v. Patton (et al., Appellant).

Supreme Court of Pennsylvania.

June 25, 1956.


Attorney(s) appearing for the Case

Edward H.P. Fronefield, with him Edward H. Bryant, Jr., and Lutz, Fronefield, Warner & Bryant, for appellant.

Howard Richard, with him Berman & Richard, for appellees.

Before STERN, C.J., BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE MUSMANNO, June 25, 1956:

A big oak tree, with a trunk diameter of four feet, rears its circumferential luxuriant head and shoulders at the northwest corner of Huey and Brookfield Avenues in Philadelphia. In the month of August its foliage reaches such richness of expansion that it curtains the approach to either street for persons advancing on the intersecting thoroughfare. Surrounding shrubbery some six or seven feet high and in the full leaf...

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