Warney v. Board of Education , 34 N.Y.S.2d 787 ( 1942 )

All concur, except Harris and MeCurn, JJ., who dissent and vote for reversal on the law and facts and for granting a new trial in an opinion by Harris, J. Present — Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ.