Opinion
September 30, 1942.
Appeal by claimant from an order of the Court of Claims which dismissed a claim for personal injuries, at the close of claimant's evidence. The evidence discloses negligence on behalf of the State. Section 12-a CTC of the Court of Claims Act places the State in the same position under section 59 Veh. Traf. of the Vehicle and Traffic Law as an individual or a private corporation. Order reversed on the law and facts and a new trial granted. In so far as there were findings of fact they are reversed. Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.