
    Gertrude Johnson, as Administratrix of the Estate of Edward L. Johnson, Deceased, Respondent, v. The State of New York, Appellant.
    
      Johnson v. State of N. Y., 186 App. Div. 389, affirmed.
    (Argued October 14, 1919;
    decided November 18, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 28, 1919, affirming a judgment of the Court of Claims awarding the plaintiff damages for the death of her husband, who while driving an automobile on a state highway on a foggy night failed to observe a curve in the road and went over the embankment and was killed. It was claimed that the state was negligent in failing to maintain a barrier at the point in question. A construction of the Highway Law as to the state’s liability under the so-called “ patrol system ” was involved.
    
      Charles D. Newton, Attorney-General (J. L. Cheney of counsel), for appellant.
    
      James O. Sebring for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, Crane and Andrews, JJ.  