STATE v. RANKS


115 A.D.2d 194 (1985)

State of New York, Appellant, v. Brian D. Ranks, Respondent

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

November 27, 1985


Casey, J.

The only issue on this appeal is whether Highway Law § 320 permits the State to recover treble damages for injuries to a highway caused by negligent acts. We agree with Special Term that the statute does not apply to negligent acts.

Highway Law § 320 provides: "Whoever shall injure any highway or bridge maintained at the public expense, by obstructing or diverting any creek, water-course or sluice, or by dragging logs or timber...

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