
    Carrie Brown, Individually and as Executrix of Manheim Brown, Deceased, Appellant, v. The State of New York, Respondent.
    
      State — claim against state for death of juror through sickness incurred during course of long criminal trial properly dismissed.
    
    
      Brown v. State of N. Y., 206 App. Div. 634, affirmed.
    (Argued Juue 6, 1923;
    decided July 13, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 19, 1923, which affirmed a judgment of the Court of Claims dismissing the plaintiff’s claim. Appellant’s husband and testator was a juror in the case of People v. Molineux (168 N. Y. 264). It is alleged that the trial commenced in November, 1899, and lasted until in February, 1900; that, in the latter part of January, as the trial was approaching the end, the claimant’s testator was taken ill with grippe, bronchitis, rheumatism and lymphangitis; that said condition, sickness and disease was caused by the unsafe, unsanitary, unwholesome, and ill-ventilated condition of the court house; that a two weeks’ adjournment was necessary, and to obviate longer delay, the judge agreed to see that Mr. Brown had proper care while in the court room and proper conveyance when leaving the court house, and that the conditions complained of, as aforesaid, should be corrected; that this was not done, and that by reason of such illness and lack of care, he died October 6, 1913.
    
      Edward M. Grout and Dean Potter for appellant.
    
      Carl Sherman, Attorney-General (W. J. Wetlierbee of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound and McLaughlin, JJ. Absent: Crane and Andrews, JJ.  