VAN ALLEN v. TOWN OF KINDERHOOK


47 Misc.2d 955 (1965)

Dorothy B. Van Allen et al., Plaintiffs, v. Town of Kinderhook et al., Defendants.

Supreme Court, Columbia County.

August 20, 1965


Attorney(s) appearing for the Case

Glenn & Kimmey (Russell H. Baller, Jr., of counsel), for plaintiffs. Burns F. Barford for defendants.


R. WALDRON HERZBERG, J.

Plaintiffs bring this action in trespass to recover damages against the Town of Kinderhook and its Town Superintendent of Highways for destroying 18 wild cherry trees standing on land owned by plaintiffs and bounded by a town highway. Although the defendants admit the removal of these trees, they contend the laws of this State permitted them to do so under the circumstances without the...

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