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Brainard v. State

279 A.D. 1135 Court N.Y. App. Div. Decision date 1952-05-14 Docket Claim No. 29459 English

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Majority

p. 1135
(May 14, 1952.)
Lula M. Brainard, Appellant, v. State of New York, Respondent.
(Claim No. 29459.)

All concur, except Kimball, J., who dissents and votes for reversal and for granting a new trial, on the ground that the finding of contributory negligence on the part of Lula M. Brainard is against the weight of evidence. (Appeal from a judgment dismissing a claim against the State for negligent condition of State highway.) ,Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.