Majority
p. 1222(May 20, 1955.) Clyde T. Spicer, Appellant, v. State of New York, Respondent.
Judgment and order affirmed, without costs of this appeal to either party. All concur, except McCurn, P. J., who dissents and votes for reversal and for granting a new trial on the ground that the evidence presented questions of fact as to negligence and contributory negligence. (Appeal from a judgment of the Court of Claims, dismissing a claim against the State for damages resulting from negligent condition of State highway. The order denied claimant’s motion to vacate the judgment.) Present — McCurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.