¶1All concurred, except John M. Kellogg, P. J., dissenting on the ground that the maintenance of the park was a governmental function. (Barrett v. State of New York, 220 N. Y. 423.)
185 A.D. 918
Smith v. State
Decided September 15, 1918
Relies on Barrett v. . State of New York
Decided 1918-09-15