Charles v. Clark , 144 N.Y.S.2d 612 ( 1955 )

All concur, except Kimball and Wheeler, JJ., who dissent and vote for affirmance. (Appeal from a judgment of Orleans Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — McCurn, P.' J., Vaughan, Kimball, Wheeler and Van Duser, JJ.