This section contains the nature of the case and procedural background.

P and D are adjoining landowners with a fence separating their properties. P owns a row of tall hemlock trees. P's trees were extending into D's property. While P was on vacation, D trimmed the branches of the trees to the extent that the branches hung over the boundary line separating the neighbors' property. P seeks the replacement value of each of the twenty-six trees which adorn the property line, a combined figure of approximately $31,000. The trial judge held that no cause of action exists for the type of damages sought, and dismissed P's complaint. P appealed: D is liable to them at law since D suffered no appreciable damage by the overhanging branches, and is therefore not entitled to exercise a self-help remedy by trimming the trees.

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