What decision should the judge make

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Reference no: EM131472016

Question: Janice Turner was angry that her neighbor's Strawberry Blush cling peach tree was overhanging the fence. She said nothing to her neighbor, Baylor Scott, during the following months. In August the tree was laden with beautiful ripe fruit, much of which was clinging to the limbs overhanging Turner's property.

Turner then smugly trimmed the limbs back to the fence line and, after the limbs were severed, picked the peaches, canning some and simply enjoying the others. Scott learned of the timely trimming and sued in small claims court for the value of the peaches Turner had taken. What arguments support each side, and what decision should the judge make?

Reference no: EM131472016

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