Public-domain · open source
OpenJurist

6 Ill. Ct. Cl. 347

Fredrickson v. State

Court of Claims of Illinois

Decided December 18, 1929

Court of Claims of Illinois · decided 1929-12-18

Relies on Minear v. State Board of Agriculture · Hollenbeck v. County of Winnebago · Cooney v. Town of Hartland

Decided 1929-12-18

Mr. Justice Thomas

¶1delivered the opinion of the court:

¶2This 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.

¶3The 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.)

¶4The claim is therefore denied and the case dismissed.

/6/illctcl/347 · .json · Public domain