Fredrickson v. State

Court of Claims of Illinois

Fredrickson v. State

6 Ill. Ct. Cl. 347, 1929 Ill. Ct. Cl. LEXIS 191

CourtCourt of Claims of Illinois

DecidedDecember 18, 1929

DocketNo. 1261

StatusPublished

This text of 6 Ill. Ct. Cl. 347 (Fredrickson v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fredrickson v. State, 6 Ill. Ct. Cl. 347, 1929 Ill. Ct. Cl. LEXIS 191 (Ill. Super. Ct. 1929).

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Opinion

Mr. Justice Thomas

delivered the opinion of the court:

This claim is for $173.98 damages to claimant’s automobile caused by the driver of a State truck negligently backing the truck into the automobile of claimant.

The claim being based upon the negligence of an employee of the State cannot be allowed. No government is liable for the negligence of its employees in the absence of a statute making it liable for such negligence. (Gibbon v. U. S., 8 Wal. 268; Minear v. State Board of Agriculture, 259 Ill. 549; Hollenbeck v. Winnebago Co., 95 Ill. 148.) If the injury complained of was caused by the negligence of the driver of the truck, claimant’s remedy is against the driver and not against the State. (Cooney v. Town of Hartland, 95 Ill. 516.)

The claim is therefore denied and the case dismissed.

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Mr. Justice Thomas

delivered the opinion of the court:

This claim is for $173.98 damages to claimant’s automobile caused by the driver of a State truck negligently backing the truck into the automobile of claimant.

The claim being based upon the negligence of an employee of the State cannot be allowed. No government is liable for the negligence of its employees in the absence of a statute making it liable for such negligence. (Gibbon v. U. S., 8 Wal. 268; Minear v. State Board of Agriculture, 259 Ill. 549; Hollenbeck v. Winnebago Co., 95 Ill. 148.) If the injury complained of was caused by the negligence of the driver of the truck, claimant’s remedy is against the driver and not against the State. (Cooney v. Town of Hartland, 95 Ill. 516.)

The claim is therefore denied and the case dismissed.

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Bluebook (online)

6 Ill. Ct. Cl. 347, 1929 Ill. Ct. Cl. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fredrickson-v-state-ilclaimsct-1929.

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