Public-domain · open source
OpenJurist

5 Ill. Ct. Cl. 322

Baxter v. State

Court of Claims of Illinois

Decided March 29, 1927

Court of Claims of Illinois · decided 1927-03-29

Decided 1927-03-29

Mr. Justice Leech

¶1delivered the opinion of the court:

¶2The claimant, Charles Baxter, has filed a claim on account of injuries which he received on September 30, 1926, when he was employed as a guard or keeper at the Illinois State Penitentiary at Joliet, on that day he being in charge of what is known as the fiber shop, in which were working a large number of convicts, when he was struck by a convict by the name of Stanley Morowski and three or four other convicts, with clubs and hammers and other weapons and was beaten about the head and body, including an injury to the bone and tissue of the left hand; that as a result thereof he was unable to work until on or about October 20, 1926, and underwent great pain and suffering, and claims that the use of his left hand was, as a result thereof, permanently impaired and that he received other permanent injuries.

¶3To the declaration, the Attorney General of the State of Illinois has filed a demurrer, which is sustained, as a matter of law.

¶4The evidence of Dr. Fletcher, attending physician, indicates that there are no permanent injuries. Claimant does not make any demand for loss of time or for doctor bills, and the presumption is that he was paid his regular salary while employed at the institution and given medical attention.

¶5In view of these facts, it is our opinion that he is not entitled to any damages for the injuries as set forth in his petition.

/5/illctcl/322 · .json · Public domain