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8 Ill. Ct. Cl. 67

Johnson v. State

Court of Claims of Illinois

Decided March 13, 1934

Court of Claims of Illinois · decided 1934-03-13

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

Decided 1934-03-13

Mr. Justice Yantis

¶1delivered the opinion of the court:

¶2Claimant was employed with his mule in construction work on State Aid Boute 7-14. While so working, the mule was struck by a truck, operated by an employee of the State of Illinois, and died as a result of such injuries. An award is sought in the sum of One Hundred Fifty Dollars ($150.00).

¶3The claim is based upon the negligence of the driver of the State truck. No government is liable for the negligence of its employees in the absence of a Statute making it liable for such riegligence.

¶4Minear vs. State Board of Agriculture, 259 Ill. 549;

¶5Braun vs. State, 6 C. C. R. 104;

¶6Sapp vs. State, 7 C. C. R. 90.

¶7Illinois has no such Statute.

¶8If the loss complained of was caused by the negligence of the driyer of the truck, claimant’s remedy is against the driver and not against the State.

¶9Cooney vs. Town of Hartland, 95 Ill. 516.

¶10The claim is denied and cause dismissed.

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