
    SMITH, Respondent, v. STATE, Appellant.
    (Supreme Court, Appellate Division, Third Denartment.
    January 7, 1914.)
    Action by Savilla F. Smith, as administratrix, etc., of Christopher Smith, deceased, against the State of New York.
   PER CURIAM.

Determination affirmed, with costs.

SMITH, P. J., dissents.  