Majority
p. 788Philip Kline, Respondent, v. The State of New York, Appellant. (Claim No. 23775.)
Judgment affirmed, with costs. All concur, except Crosby, J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that the finding that the defendant was engaged in his own business at the time of the assault, which was a prerequisite under the enabling
p. 789
act,[1] was contrary to and against the weight of the evidence. (The judgment awards claimant damages for personal injuries sustained by a claimed malicious attack by State troopers.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, JJ.
* See Laws of 1934, chap. 808.— [Rep.