Judgment affirmed, with costs. All concur, except Sears, P. J., and Edgcomb, J., who dissent and vote for reversal on the law and for granting a new trial. (The judgment dismisses a claim for damages for the misfeasance of the superintendent of Gowanda State Hospital.) Present — Sears, P. J., Edgcomb, Crosby, Cunningham and Taylor, JJ.