All concur, except Kimball, J, who dissents and votes for reversal and for granting a new trial on the grounds stated in Brainard v. State of New York (ante, p. 1135) decided herewith. (Appeal from a judgment dismissing a claim against the State for negligent condition of State highway.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.