Whitesell v. Houlton
Hawaii Intermediate Court of Appeals
632 P.2d 1077 (1981)
- Written by Carolyn Strutton, JD
Facts
The Whitesells (plaintiffs) and Houlton (defendant) were neighbors. Houlton had a very large banyan tree on his property that overhung the Whitesells’s property. Branches from the tree had damaged the Whitesells’s garage roof and van, and the tree had other large, damaged branches that dangled over the Whitesells’s property and were likely to fall and cause damage. After Houlton refused to cut back the branches as the Whitesells had requested, the Whitesells rented equipment to cut some of the branches back themselves and later hired a professional tree-care company to cut the branches back to Houlton’s property line. The Whitesells then sued Houlton to recover the costs for the damages they had incurred, for the associated repairs, and for the equipment rental and tree company. The lower court granted judgment for the Whitesells and awarded them the majority of their requested damages. Houlton appealed.
Rule of Law
Issue
Holding and Reasoning (Burns, J.)
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