Judgment affirmed, with costs to respondent.
McNALLY and BASTOW, JJ. (dissenting).
On Tuesday, Election Day, November 4, 1958, plaintiff, a New York City policeman, reported for duty at 4:00 A.M. His tour of duty ended at 8:30 P.M. when he returned with the election material to the 52nd Precinct, Bronx County, to which he had been temporarily assigned for election duty. Defendant, a fellow officer, offered to transport plaintiff in defendant's motor vehicle...
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