Opinion
Docket No. 37, Calendar No. 48,747.
Decided February 28, 1961.
Appeal from Court of Claims; Quinn (Timothy C.), J., presiding. Submitted January 5, 1961. (Docket No. 37, Calendar No. 48,747.) Decided February 28, 1961.
Gordon Orcutt filed his claim against the State of Michigan and its Corrections Department for personal injuries arising from assault. Claim dismissed. Plaintiff appeals. Affirmed.
Charfoos Charfoos ( Lawrence S. Charfoos, of counsel), for plaintiff.
Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, Russell A. Searl and Hugh B. Anderson, Assistant Attorneys General, for defendants.
Action in court of claims for damages for personal injuries arising out of an assault upon plaintiff by a fellow prisoner. No claim for such injury having been made, nor notice of intention to file claim given, in accordance with section 11a of the court of claims act, CL 1948, § 691.111a (Stat Ann 1959 Cum Supp § 27.3548 [11-1/2]), the dismissal is affirmed without ruling upon other issues presented.
DETHMERS, C.J., and CARR, KELLY, SMITH, BLACK, EDWARDS, KAVANAGH, and SOURIS, JJ., concurred.