Brainard v. State , 279 A.D. 1135 ( 1952 )

All concur, except Kimball, J., who dissents and votes for reversal and for granting a new trial, on the ground that the finding of contributory negligence on the part of Lula M. Brainard is against the weight of evidence. (Appeal from a judgment dismissing a claim against the State for negligent condition of State highway.) ,Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.