Fellows v. Fox

— Order and judgment unanimously affirmed without costs. Memorandum: The trial court’s finding that plaintiff Joseph J. Passero was not entitled to compensation for damage to his right-of-way by defendant’s logging activities is supported by the record. Although defendant’s activities caused some damage to the right-of-way, Passero failed to establish by sufficient evidence the specific damage that made the right-of-way worse after the logging than it was before. Passero also failed to establish the cost necessary for repairing any damage caused by defendant’s activities.

We reject defendant’s…