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
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JUST A FEW OF THE MANY RELEASES
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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.
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Strauss Waltres The Melachrino Orch. cond. by George
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Presenting The Belafonte Singers
Lisbon at Twilight The Melachrino Orch. cond. by George
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Pop Goes The Concert Skitch Henderson Orchette
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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.
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