Johnstown Leather Corp. v. City of Gloversville

Plaintiff instituted this action against the City of Gloversville and the owners of certain property to recover for damage sustained by its truck when it allegedly struck a tree which was partially obstructing a highway, East *346Fulton Street, in said city. The tree grew in. a terrace running parallel with the street, and allegedly adjacent or on the individual defendants’ property. The claim of negligence was based upon the allegation that the defendants had been negligent in failing to correct a dangerous condition created by a limb overhanging the roadway. The accident occurred when…