
    Frank Best, as Administrator of the Estate of William Best, Deceased, Appellant, v. State of New York, Respondent.
    
      State — highways — filling in defect with gravel — failure to maintain barrier along side of road — claim for death through automobile'going over embankment dismissed.
    
    
      Best v. State of New York, 203 App. Div. 339, affirmed.
    (Argued October 5, 1923;
    decided October 23, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1922, affirming a judgment in favor of defendant entered upon a decision of the Court of Claims dismissing a claim against the state for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the state in having loose gravel placed upon the shoulder of a state patroled highway and in failing to provide a sufficient barrier so as to prevent a bus in which decedent was riding as a passenger from going over an embankment after the breaking of its steering geer.
    
      Daniel V. McNamee for appellant.
    
      Carl Sherman, Attorney-General (W- J• Wetherbee of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

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