Opinion
Argued March 1, 1939
Decided April 11, 1939
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( Joseph L. Delaney and Leon M. Layden of counsel), for appellant. Edward W. Barrett for respondent.
The finding of the Court of Claims that the police officers were not negligent was, in our opinion, in accordance with the weight of the evidence, if, indeed, there is any evidence which would sustain a contrary finding.
The judgment of the Appellate Division should be reversed and that of the Court of Claims affirmed, without costs.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.
Judgment accordingly.