Opinion
March 5, 1952.
Present — Taylor, P.J., McCurn, Vaughan, Piper and Wheeler, JJ.
Judgment reversed on the law and facts and claims dismissed, without costs of this appeal to any party. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: The judgment should be reversed and the claims dismissed upon the ground that the proximate cause of claimant's injury and damage was the negligent operation of the Weaver car and not by reason of any fault or neglect on the part of the State of New York, its agents, servants and employees. All concur. (Appeal from a judgment for claimants on a claim against the State for negligence by State employee on State highway.)