Opinion
October, 1921.
Judgment and order affirmed, with costs. All concur, except Kruse, P.J., and Clark, J., who dissent solely upon the ground that in view of the theory upon which the case was submitted, the finding of the jury on the question of notice to the town superintendent of highways, of the presence of the loose stone that occasioned the accident, and the superintendent's negligence in failing to remove it, is unsupported by the evidence; but otherwise concur.