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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 20, 1958)
What Is The Law? This column is prepared as m public serrice by the College of Law. Willamette University, Salem, to explain basic legal principles, not to provide legal advice. The reader is cautioned not to apply these cases to his own problems without an attorney's advice, for differing facts may change the outcome. WHO OWNS FALLEN APPLES? Amos and Beatrice owned adjacent lots in Oregon. An apple tree was located on the boundary line between the two lots. - However, the bulk of the trunk of the tree was on Beatrice's land. One day Amos was plowing near the apple three and was struck on the head with one of its branches. In a fit of anger Amos saw ed off all of the limbs of the tree above his land and stored the cuttings in his woodshed for eventual use as firewood. In addition, he picked up the apples from the tree that were lying on his land and helped his wife make apple butter out of them. Beatrice brought an action against Amos for the branches, the apples and for damages for injury to the tree. Is Amos liable to Beatrice for cutting down the limbs? The basic rule of law which controls the answer to this question is founded on the concept that every landown er has complete -control over what is on, above or below .his land. . Of course, the landowner has to give some consideration to the rights of others and can not create or maintain a nuis ance on his land. However, he has the right to cut back any vegetation w h i c.h pene trates the area above or below his land. This includes tree roots as well as branches Therefore, Beatrice will not be able to recover damages for the cutting of the limbs.. Is Beatrice entitled to the limbs? Since the trunk of the tree is on Beatrice's land she owns the entire tree. Therefore, Amos should have given the limbs to Beatrice after he severed them from the tree. In addition, Beatrice is en titled to any apples that fall off of the tree regardless of where they come to earth. Some courts recognize the right of the tree owner to go onto his neighbor's land in or der to acquire fruit and nuts which have fallen from his tree. Cut Roots, Stems If the vegetation planted on Beatrice's land was noxious or generally undesirable the ad jacent landowners will ob viously be able to cut out any of the roots, stems or branches which are found on their land. One planting noxious vege tables on his land -may even be forced to have it removed if the evidence is clear that it is undesirable and that it is in juring another in his enjoy ment of his land. This rule does not apply to plants such as thistles which may be grow ing on land but which were not intentionally placed in the soil by the landowner. Berserk Cop 1 Held for Murder Boulder City, Nev. -dTD -A Las 'Vegas policeman who went berserk and killed a 60-year-old man and critically wounded a 14-year-old boy be cause he thought they were members of a narcotics gang was held on suspicion of mur der today. Jerome Kuk, 25, formerly of Utica, N.Y., apparently went "out of his head" Satur day when Steve Bowman, 60, an iron worker, called at his house for a former tenant, police said. Kuk, waving his .38-caliber police revolver, ordered Bow man into the house where he shot him and then called his boss, Las Vegas police . chief Ray Cheffer, to tell him he had captured a notorious nar cotics dealer wanted through out the country. Kuk then dashed out of his house and fired a shot at a car parked at the cu.rb.The bullet struck Jerry Bartleson, of Minneapolis, in the temple. Bartleson, who was living here with a cousin, was taken to nearby southern Nevada hospital where his condition was critical. MAIL TRIBUNE, Medford', Oregon. Monday, October 20, 1958 3 PROSPECT Halloween Party Planned Prospect The Youth Tem perance council will meet at the home of Hope Hedgepath Thursday, Oct. 30, at 7 p.m. A Hallowe'en party will fol low the meeting. Young peo ple of the community are invited. Charles Ring left recently for Alaska, where he has em ployment. Mrs. Boyd Powers took Mrs. Frances Ring and Mrs. Delores Ring and son to Se attle recently to visit Monte Ring, who is in the service there. The Powers children are staying at the Sharp home while their mother is away. Maude Arant, Elsie Phipps RCA (OR STANDARD LPS ALBUMS) LM-2230 I RUBINSTEIN -w-EI LM-2214 i m m ' LM-2234 O bO Q LM-2226 fi (.M-2232 LM-2231 Hundreds of New RCA LP & Stereo Albums JUST A FEW OF THE MANY RELEASES Belafonte Sings Hie Blues Harry Belafonte Music for Dining The Melachripo Strings and Orch. Music for Relaxation The Melachrino Strings and Orch. Music for Reading The Melachrino Strings and Orch. Through the Years George Beverly Shea In London with the Coldstream Guards cond. by Major ' Douglas A. Pope Destination Moon Ames Brothers ( The Lady in Red Abbe Lane . College "Classics" Bob Scobey's Frisco Jazz Band with Clancy Hayes Latin Airs Luis Arcaraz Orch. Moments Like These Dinah Shore Strauss Waltres The Melachrino Orch. cond. by George Melachrino Presenting The Belafonte Singers Lisbon at Twilight The Melachrino Orch. cond. by George Melachrino Afro-Cuban Influence Shorty Rogers Pop Goes The Swingin Marchin' Band cond. by Ray Martin Pop Goes The Concert Skitch Henderson Orchette Gisele Gisele Mackenzie Chipper at the Sugar Bowl Chip Fisher See and Hear RCA Stereo IN THE RECORD SHOP AT SHOP TONITE MEPfOBO. OCKOWf and Effie Paul visited Boothbe Thursday. Mr. and Mrs. Jess Richer son and1 daughter, Judy, and Mrs. Lulu Richerson of Han ford, Calif., visited Nell Bean last week. They also visited at the Wayne Griffeth home. Mr. and Mrs. Doug Kim mons were hunting ih Tule lake, Calif., last week. While there they visited Mrs. Kim mon's sister. Mr. and Mrs. Keith Kim mon and sons, - Wade and Scotty, were visiting his par ents, the Doug Kimmons, at the Gorge Saturday and Sunday. Visitors at the P. A. Struck home recently were Joe and Corb Davis. .Corb Davis is from Delaware. Mr. and Mrs. S. W. Beck, who went to Jack lake hunt ing, returned with a three point buck. The Roy Robys were home over the week end from their camp at Ft. Klamath. Ed Dunlap and his wife, of Cascade Gorge, are picking cones at the present time. Fir and pine cones picked up in this area will have the seed extracted from them and will be planted in a nursery, where they will be grown in to trees four to six inches high and returned to this area for planting. The U.S. Forest service has issued con tracts for cone picking in this area. ' Mrs. Christine Dobbyn of Cottage Grove has been vis iting friends in the Prospect area recently. Mr. and Mrs. Hugh Spruill of Medford visited the Paul Stuck home Friday, Oct. 10. Mr. and Mrs. Kreel visited their son, Bob Kreel, at Days Creek over the week end. Danny Shellenberger cele brated his third birthday with a party recently. , The Cub Scouts held their first meeting at the home of Mrs. Jasper Hall on Red Blanket rd. recently. Mrs. Hall is the new den mother for the group. Lou Crovatto, Lois Schleip and Art Strut hunted with the Sam Becks Sunday. Don Beck has been in the Prospect area recently. Mrs. Goldie Sanderson has gone to Trail to stay with her daughter-in-law for a week or so. Mr. and Mrs. Clarence Pierce of Wildwood recently became the parents of a baby girl. '. Mrs. Elsie Phipps and son, John, took Mrs. Maude Arant to Portland to see her son, Clifford, who is in the Vet erans hospital there. Clifford is feeling much better now. Boyd Powers took the young folks from the Assem bly of God church on a trip to the Oregon Caves recently. The young people from the Assembly of God church had a progressive dinner recently. They had tomato juice at Delores Rings, the main course at Boyd Powers and went to Partens for another course. They continued to Hope Hedgepaths home where Frances Ring served salad. Mr. and Mrs. Richard Math er recently became the par ents of a baby boy. Mr. and Mrs. Howard Math er of Medford visited the Lawrence Hemmingways Thursday of last week. Why be satisfied with the dull, unappetizing meals a few weekend "specials" limit you to? Serve all the delicious foods: your family likes best-arid save on the cost of the WHOLE MEAL-every meal! If s easy when you buy ALL your food needs at Your BIG Y, EASTSIDE AND OAKDALE MARKETS, because our shelf prices are LOW PRICES-every item, every day! Save all along your food list and you just naturally save on the cost of every marvelous meal you serve. IT'S THE SAVINGS ON HUNDREDS OF ITEMS THAT MAKES YOUR TOTAL BILL LESS AT YOUR FRIENDLY NEIGHBORHOOD BIG Y! Riviera 24-oz. cans Riviera 24-oz. cans ski chili mm PETTO With Tomato Sauce and Cheese Riviera with Italian Style Tomato Sauce If OEM ffiUSME 2VVb- Old Time 4-oz. cans 11 quick Large Packages Limit 2 Pkgs. Nor Coast or Bon Fire Market Solid Pack Bumble Bee Fancy Solid Pack Hereford Boy-ar-dee No. 1 can Salmon Bonita Tuna Tuna Corned Beef Beefaroni Chili with Beans Velveeta Potatoes Tomatoes Tomatoes Dennison No. 1 can Ore-Ida Instant Pheasant No. 303 cans Market No. 2Vi cans Spinach Aspargu Tip Top No. 303 can Rialfn S No. 300 can Cream UUIII Style Corn Whole Kernel Pheasant No. 303 cans Diamond A No. 303 cans No. 1 can 49c 5 . $1.00 3 .. $1.00 12-crz. can 47c 4 . $1.00 4.r $1.00 2-lb. loaf 69c 2 P , 29 c 6. $1.00 4 $1.00 4 ...49c 2 ..49c 8 . $1.00 6 -$1.00 Tomato Soup Crackers tl SyniP 24-oz. bottle TloiinA The new maple IllajPU Flavored cereal Pineapple Juice Hunt's No. 2Vz cans Campbell's No. 1 can Hillsdale C No. 1 Va cans Pineappl Delrich or Holiday Margarine Chicken Broth Sardines Sauerkraut Sliced Beets Diced Carrots Hominy Stidd's No. 1 can Beach Cliff Maine Pheasant Nc 303 Pheasant No. 303 Creswell No. 303 Pheasant, Gold or White, No. 303 H for $HG0 10 ...89c i 2 i39c jv I 3. ..$1.00 "ivMjSA-. pkg. Of C t rxz 90 t- 46-oz. can jf eU j 4. .$1.00 I COFFEE 5... $1.00 I vr..69c I 5. $1.00 lV-V37J-' 10 for SUM) fesf io ,.$i.0o ferif io 0 S1.00 j A 10 ,. $1.00 10 , $1.00 !a59c h io ,.$i.oo W-? Del Mcnte DON'T FORGET TRICK OR TREAT CANDIES WE HAVE EVERYTHING FOR HALLOWEEN! 0 PUTY0UI? III QUI? HANDS I Service is an integral ' part of our business. In an emergency phone us .... We will make certain that your pre scription is compounded ':h speed and absolute precision. BURNS HURT! SEE US FOR FAST-RELIEF REMEDIES! PRESCRIPTIONS FILLED WHILE YOU SHOP n r M) W7 of our DUYS It's ipple time and what wonderful apples theae are erisp, iuiey and tingy sweet for erunehy munching perfect for pica, baking and spicy sauce. They're top pick apples a picture to look at ... a taste-thrill to bite into. Washington Fancy Jonathan & Delicious 4-lb " 39c Golden Crisp Carrots LEAN MEATY IKIK? lb . 2JC FOR MEDFORD'S FINEST SELECTION OF FRESH AND FROZEN FISH SHOP YOUR FRIENDLY BIG Y
