Ross v. State

This is an application by the State to dismiss the claim herein, pursuant to section 107 of the Buies of Civil Practice, upon the ground that this court has no jurisdiction of the subject of the action.

Claimant’s intestate, Thomas W. Boss, was hired by the Binghamton State Hospital as an attendant on July 2, 1957. His duties had been in and about the wards of the hospital until he was sent with others to bring a patient back to the hospital on September 5, 1957. While attempting the return, Boss was stabbed by the patient and died from the assault.

Claimant herein has received an award of…