¶1All 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.
279 A.D. 1135
Brainard v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1952
Appellate Division of the Supreme Court of the State of New York · decided 1952-05-14
Decided 1952-05-14