Opinion
Argued June 2, 1942
Decided July 29, 1942
Appeal from the Supreme Court, Appellate Division, Fourth Department, RYAN, J.
James McCall and Lyman C. Shults for appellant.
John J. Bennett, Jr., Attorney-General ( John A. Lynch and James H. Glavin, Jr., of counsel), for respondent.
Judgment of Appellate Division reversed and that of Court of Claims affirmed, with costs in this court and in the Appellate Division on the ground that the weight of evidence and the findings of the Court of Claims require the conclusion that the State is liable. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: LEHMAN, Ch. J.