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NORTHERN HAULERS CORP. v. STATE

12 A.D.2d 567 (1960)

Northern Haulers Corporation, Respondent, v. State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 4, 1960

There is little dispute as to the facts. While the tractor-trailer of the plaintiff was being operated in an easterly direction on Route 5 in the Village of St. Johnsville on July 12, 1956 about 4:00 A.M., the trailer collided with an overhanging limb of a tree, which resulted in extensive property damage to it. The overhanging limb was 12 feet above the curb and the trailer was from 12 feet to 12½ feet in height. The plaintiff produced by witnesses and photographs testimony...

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