Legal Opinion

Heiston v. State

New York Court of Claims

Decided July 21, 1959No. Claim No. 35862PublishedCited by 2 opinions

1Opinion of the CourtAlexander Del Gtorno, J.

This is a motion for an order dismissing the claim herein, pursuant to rule 106 of the Rules of Civil Practice, upon the ground that it appears on the face *297thereof that the court has not jurisdiction of the subject of the action, and upon the further ground that the complaint does not state facts sufficient to constitute a cause of action.

Claimant seeks to recover damages for the death of her intestate, alleged to have been the result of an explosion in an underground tunnel on August 18, 1957.

The claim alleges that decedent was an employee of Herbert F. Darling Company, Williamsville, New…

2Cases cited10 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Steitz v. City of BeaconNew York Court of Appeals · 1945
  3. Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
  4. Frontier Steam Laundry Co. v. ConnollyNebraska Supreme Court · 1904
  5. Young v. StateAppellate Division of the Supreme Court of the State of New York · 1951

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3Cited by2 opinions

  1. Claim of the Estate of Klee v. StateNew York Court of Claims · 1976
  2. Synesael v. StateNew York Court of Claims · 1960

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