Opinion
Argued March 12, 1959
Decided July 8, 1959
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, BERNARD RYAN, J.
Louis J. Lefkowitz, Attorney-General ( Paxton Blair of counsel), for appellant.
Russell J. Danieu for respondent.
Judgment of Appellate Division reversed and that of the Court of Claims reinstated, with costs in this court and in the Appellate Division, upon the ground that the preponderance of the credible evidence supports a finding that claimant was guilty of contributory negligence in driving his motor vehicle. No opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS and BURKE. Chief Judge CONWAY and Judges DESMOND and FULD dissent and vote to affirm.