BRANCH v. STATE


284 A.D. 825 (1954)

Robert D. Branch, as Administrator of The Estate of Madeline Wheeler, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 30649.) Gertrude B. Lansing, as Administratrix of The Estate of Hallah Waters, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 30865.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1954.


On November 25, 1950, an elm tree standing between the curb and the sidewalk on the easterly side of Main Street in Warrensburg was blown over by the wind, fell across the roadway and struck and killed Madeline Wheeler and Hallah Waters who were walking on the westerly sidewalk. Their respective estates have filed claims against the State. Whether the State built the sidewalk adjacent to the tree, and whether in any event the tree was in the area of the State's right of way...

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