
    The People of the State of New York, Appellant, v. International Nickel Company, Respondent.
    
      People v. International Nickel Co., 168 App. Div, 245, affirmed.
    (Argued April 18, 1916;
    decided May 2, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 7, 1915, which affirmed a judgment of the Richmond County Court sustaining a demurrer to an indictment charging defendant with maintaining an industrial plant in the state of New Jersey but adjacent to the county of Richmond from the chimnies of which smoke and noxious gases were permitted to escape which were blown “ in and about the county of Richmond in the state of New York, thus permeating, befouling, beclouding, contaminating and infecting the air * * * whereby the 'comfort, repose, health and safety of a considerable number of persons in the county of Richmond, in the state of New York, were and still are unlawfully annoyed, endangered and injured; and the said considerable number of persons were and are thereby rendered insecure in life and the use of their property in violation of section 1530 of the Penal Law of the state of New York, and against the peace of the People of the state of New York and their dignity.” Defendant demurred on the ground “ that it appears on the face of the indictment that the grand jury, by which it was found, had no legal authority to inquire into the crime charged by reason of its not being within the local jurisdiction of the county.”
    
      Albert C. Fach, District Attorney (Frank H. Innes of counsel), for appellant.
    
      Alfred Jaretzki, Francis D. Pollak and John Foster Dulles for respondent.
   Judgment affirmed,' on opinion of Putnam, J., below.

Concur: Willard Bartlett, Oh. J., Hiscock, Chase, Cuddebaoic, Hogan, Cardozo and Pound, JJ.  