Majority
p. 569Michael Kabosius, Respondent, v. The State of New York, Appellant. (Claim No. 23241.)
Judgment affirmed, with costs. All concur, except Edgcomb and Lewis, JJ., who dissent and vote for reversal and a dismissal of the complaint upon the ground that the driver of the car was guilty of contributory nerligenee as matter of law and that her negligence was attributable to the plaintiff. (The judgment awards damages for injuries sustained by an automobile colliding with a water tank in the roadway.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.