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HEFTIE v. STATE OF NEW YORK

13 Misc.2d 410 (1953)

Donald Heftie, by Marion C. Brown, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 31205.)

Court of Claims.

June 2, 1953.

Attorney(s) appearing for the Case

Chapman, Newell & Crane (James J. Barrett of counsel), for claimant.

Nathaniel L. Goldstein, Attorney-General (Edward R. Murphy of counsel), for defendant.

STEPHEN M. LOUNSBERRY, P. J.

The claimant, an inmate of New York State Reformatory, Elmira, New York, was engaged in removing a slate from the roof of one of the buildings at the New York State Reformatory with an instrument provided for that purpose, known as a ripper, together with a hammer. He was following instructions given him by an employee of the institution, and during the operation claimant was hit in the eye by the slate and another object...

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