Lower v. State

Court of Claims of Illinois

Lower v. State

33 Ill. Ct. Cl. 281, 1980 Ill. Ct. Cl. LEXIS 124

CourtCourt of Claims of Illinois

DecidedApril 17, 1980

DocketNo. 79-CC-0673

StatusPublished

Cited by1 cases

This text of 33 Ill. Ct. Cl. 281 (Lower 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

Lower v. State, 33 Ill. Ct. Cl. 281, 1980 Ill. Ct. Cl. LEXIS 124 (Ill. Super. Ct. 1980).

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Opinion

POCH, J.

Claimant, an inmate of an Illinois penal institution, has brought this action to recover the value of certain items of personal property of which he was allegedly possessed while incarcerated. Claimant contends that the property in question was lost while in the actual physical possession of the State of Illinois, and that the State is liable as a bailee for the return of that property.

There is little dispute in the record that the property was taken into the possession of respondent and thereafter lost or stolen. Respondent failed to introduce any evidence tending to demonstrate the exercise of due care. Therefore, the Claimant is entitled to be reimbursed for the fair value of said property which the record has established as $64.00.

It is hereby ordered that the Claimant be and the same is hereby awarded the sum of $64.00.

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POCH, J.

Claimant, an inmate of an Illinois penal institution, has brought this action to recover the value of certain items of personal property of which he was allegedly possessed while incarcerated. Claimant contends that the property in question was lost while in the actual physical possession of the State of Illinois, and that the State is liable as a bailee for the return of that property.

There is little dispute in the record that the property was taken into the possession of respondent and thereafter lost or stolen. Respondent failed to introduce any evidence tending to demonstrate the exercise of due care. Therefore, the Claimant is entitled to be reimbursed for the fair value of said property which the record has established as $64.00.

It is hereby ordered that the Claimant be and the same is hereby awarded the sum of $64.00.

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Bluebook (online)

33 Ill. Ct. Cl. 281, 1980 Ill. Ct. Cl. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lower-v-state-ilclaimsct-1980.

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