New York Court of Appeals, 1944

County of Broome v. McKune

County of Broome v. McKune
New York Court of Appeals · Decided November 16, 1944
59 N.E.2d 176; 293 N.Y. 809; 1944 N.Y. LEXIS 2235 (North Eastern Reporter, Second Series)

County of Broome v. McKune

Opinion of the Court

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.