Submitted October 6, 1944
Decided November 16, 1944
Appeal from the Supreme Court, Appellate Division, Third Department, McAVOY, J.
Charles P. O'Brien, County Attorney, for appellant.
Thomas J. Mangan for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. THACHER, 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 of the State to remove these trees for highway purposes at any time without compensation.