In Eastman we rejected the very defense here held to be an absolute one: that is, the defense that the malfunctioning of this light was the result of governmental planning by qualified officers.Summary of this case from Weiss v. Fote
Argued October 10, 1951
Decided December 6, 1951
Appeal from the Supreme Court, Appellate Division, Third Department, GORMAN, J.
John Lo Pinto for appellants.
Nathaniel L. Goldstein, Attorney-General ( Henry S. Manley and Wendell P. Brown of counsel), for respondent.
In each action: Judgment of the Appellate Division reversed and that of the Court of Claims affirmed, with costs in this court and in the Appellate Division, upon the ground that the weight of the evidence supports the findings of the Court of Claims. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE and FROESSEL, JJ. Dissenting: DESMOND and FULD, JJ., who vote to affirm upon the opinion of the Appellate Division.