UK Law Case Summary

Stilwell v. New Windsor Corporation.   

The plaintiff claimed ownership of a number of trees which were growing between a road and its adjacent footpath. The defendants, who were the highway authority, considered the trees to be a dangerous obstruction to road users, so served a notice on the plaintiff requiring her to remove the said trees. The plaintiff refused to remove the trees so the defendants began cutting them down. The plaintiff then sought an injunction against the defendant to prevent them from removing further trees and for damages in respect of those trees already removed.

The case was dismissed and judgement given to the defendants on the grounds that the defendants had a duty to remove dangerous highway trees and that the trees were considered part of the street as defined within the Public Health Act of 1875 and became subject to the control of the defendants when the road became part of the borough; henceforth, the plaintiff had no rights to them anyway.

• Appellant = A person who appeals to a higher court.
• Defendant = A person accused or sued in a court of law.
• Plaintiff = A person who brings a case against another in a court of law.
• Respondent = A defendant (esp. in an appeal case).