County of Broome v. McKune — 293 N.Y. 809

Majority

p. 809

County of Broome, Appellant, v. Benjamin R. McKune et al., Respondents.

Submitted October 6, 1944;

decided November 16, 1944.

p. 810

Charles P. O’Brien, County Attorney, for appellant.

Thomas J. Mangan for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughkan, Rippey, Lewis, Conway, and Desmond, JJ. Thachek, J., dissents on the ground that any allowance of. consequential damages for trees within the highway limits was improper in this case because of' the right

p. 811

of the State to remove these trees for highway purposes at any time without compensation.