Brown v. State

OPINION

Before BOOCHEVER, Chief Justice, RA-BINOWITZ, CONNOR and BURKE, Justices, and DIMOND, Justice Pro Tern. DIMOND, Justice Pro Tem.

In December 1968 Dennis H. Brown commenced an action against the state and others for personal injuries suffered while a passenger on a state ferry. In April 1972, on motion by the state, the superior court dismissed Brown’s action for want of prosecution pursuant to Civil Rule 41(e). 1

Brown appealed to this court from the order of dismissal. The record showed that Brown had been incarcerated in various penal institutions since 1970. However, despite his lack…