Messinger v. State

On the afternoon of July 13, 1943, the claimants were traveling on the right-hand side of the paved portion of the State highway leading from Monticello to Woodburn, in the county of Sullivan, New York, and had come into the environs of *812the hamlet of Woodburn. At this point several large sugar maple shade trees bordered the highway, their trunks located beyond the limits of the right of way, but their huge limbs and tops overhanging the traveled portion of the highway. The trees were in full leaf.

While the automobile was thus passing along the highway, a branch fell from one of the trees,…