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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