>> Judge Judy: Miss Davies,
how long have you and
the defendants been neighbors?
>> Ever since I moved up there
in 2000.
>> Judge Judy: So a long time.
>> Yeah, it's a long time.
>> Judge Judy: And how long have
you lived in your home?
>> About 10, 11 years.
>> Judge Judy: You had a tree
on your property.
>> Yes, ma'am.
>> Judge Judy: That tree, or
branch of that tree that was
on your property, fell over
and damaged the fence and
a rabbit hutch that was on
the plaintiff's property.
>> That's correct.
>> Judge Judy: And she's suing
for a nominal amount to fix
both the fence and to
reconstruct the rabbit hutch.
If I'm reading your answer
right, you acknowledge that
the tree was leaning over
on her property, and I don't
think you'll even deny the fact
that some of that tree, if not
all of it, was dead.
What kind of tree was it?
>> It was a scrub oak.
It was not dead.
>> Judge Judy: Was that branch
dead?
>> No, it was not.
>> Judge Judy: Do you have
photographs of the tree?
>> Yes, ma'am, I do.
>> Judge Judy: I'd like to take
a look at it.
Your defense seems to be if
Miss Davies wanted to trim
your tree, then she should have
done that, and then she wouldn't
have had the damage.
>> Correct.
>> Judge Judy: Right?
This is where you are mistaken.
Your last name is?
>> Dunn.
>> Judge Judy: Dunn?
Is this the tree that you're
talking about?
>> No, ma'am --
in the background.
>> Judge Judy: Oh, I got it --
the one that's covered with
vines.
Is it covered with vines?
>> May I step up there
and point out...?
>> Byrd: Circle it.
>> And then in the other
picture, she'll see the top
where it broke.
>> Byrd: Okay.
>> Judge Judy: It's hard for me
to tell whether it --
>> Byrd: She says there's
another picture where you can
see the top of it, that it
broke off.
>> And, Your Honor...
>> Judge Judy: Oh, this one?
>> Right.
>> Judge Judy: So it was a big
branch that fell off.
Okay. I got it.
I got it.
So this is where your thinking,
sir, is wrong.
>> Judge Judy: The plaintiff
has the right to trim a tree,
whether it be dead or alive,
that's encroaching over her
property line.
She has the right to do that.
You are confusing right
with responsibility.
Those are two different things.
You couldn't complain if
the plaintiff trimmed the tree
that was hanging over her
property.
You would have no cause of
action 'cause you are
encroaching on her property.
But if that tree, which is on
your property that doesn't look
like a healthy tree, that tree
is your responsibility.
She has the right to trim it,
but you have the responsibility
to maintain it in such a way
so that it does not cause damage
to your neighbor's property,
and if you neglect to do that --
and you may have a property
that has lots of trees.
I understand that.
It's happened to me many times
both ways with neighbors.
But if my tree damages
a neighbor's property,
I'm responsible even though
the neighbor had the right
to trim it.
You're confusing those two
things, sir.
Do you understand?
>> No, I disagree.
>> Judge Judy: Well, I'm gonna
try to explain it to you again.
>> Fine.
>> Judge Judy: The branch of
your tree was hanging over her
property, over her fence and
over this rabbit hutch.
She, if she wanted to, at her
expense, could have had someone
come in and trim that tree,
and you would have no cause
to complain.
That was her right.
However, she does not have
the responsibility to maintain
the tree, you do.
It's your tree, and if your
tree, because she chooses
not to spend the money to trim
it, if you choose not to either
take it down or trim it, it's
your responsibility if it causes
damage.
I tried to say that even louder
so you could understand it.
>> I understand what you're
saying, but she let the branch
die enough where a storm caused
it to fall on her property.
>> Judge Judy: No, sir.
You let it --
[ Laughter ]
>> Sorry, Your Honor.
>> Judge Judy: You're being
annoying.
'Cause I don't understand why
somebody would want to interrupt
when it appears as if your side
is winning.
>> I'm sorry, Your Honor.
>> Judge Judy: Weren't you
listening to what I said to him?
>> Yes, ma'am.
>> Judge Judy: She didn't let
the branch die, you did, and
right now you just cooked
your own goose because you said
it was a healthy tree.
You said she let the branch die.
She didn't.
It wasn't her tree.
It was your tree.
>> That branch laid on her
property.
That's where she let it die,
where she gets her pictures
of a "dead tree."
>> Judge Judy: I don't
understand.
I mean, I read your answer.
Your answer clearly says
that a branch of your tree
fell and damaged her property.
You acknowledge that in your
answer.
>> Yeah, I mean, there's
pictures.
Why would I deny that?
>> Judge Judy: I don't
understand your response to
what I'm saying to you.
>> That's how I feel.
>> Judge Judy: I don't care
how you feel.
Your feeling is unimportant
to me.
I just told you what the law is.