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5 Ill. Ct. Cl. 178

Johnson v. State

Court of Claims of Illinois

Decided May 1, 1925

Court of Claims of Illinois · decided 1925-05-01

Decided 1925-05-01

Mr. Chief Justice Clarity

¶1delivered the opinion of the .court:

¶2This is a claim brought to recover for injury sustained by claimant while a student regularly enrolled and paying tuition in the Northern Illinois State Teachers’ College in the City of DeKalb, and State of Illinois.

¶3It appears while the claimant was working in the manual art department of said college, operating a saw which was part of the equipment of said arts department, his left hand was thrown in contact "with the saw, by reason of which he suffered the amputation of the thumb, the index, finger and the middle finger 'of his left hand and other lacerations and injuries to said hand.

¶4It appears to the court that this is a case that appeals more strongly than the principle -of equity and social justice. The claimant appeared in person in court, a clean cut, intelligent young man, and offered for consideration of the court his maimed hand, which will not alone retard his possible success in life, but will also disfigure him.

¶5He suffered a great deal of páin and other physical inconvenience, and it appears to the court that allowance should be made.

¶6It is therefore considered by the court that the claimant was injured while giving due care for his own safety, was under the direction of the college authorities, was paying for his education, in fact the State was engaged in business and received the money of the claimant for the training he sought.

¶7As it is often held by this court, there is no legal liability, however in accordance with the rule of equity and social justice, it is recommended by this court that claimant be allowed $3,000.00.

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