Illinois Court of Claims Opinions
Legacy General
Download PDF

Cantrell v. State of Illinois

4 Ill. Ct. Cl. 149 Illinois Court of Claims Filed 1921-01-19
Disposition: awarded Award: $1,500.00
Cite as: Cantrell v. State of Illinois, 4 Ill. Ct. Cl. 149 (1921)
Legacy General 4 awarded 1920s Cantrell v. State of Illinois 4 Ill. Ct. Cl. 149 1921-01-19 awarded /opinions/v04-p0164-1/

ESLEY CANTRELL v. STATE OF ILLINOIS.

Case summary

Claimant, a member of the Illinois National Guard, was injured while carrying timbers under orders. The court found the State liable under the Military and Naval Code and awarded $1,500.

Claim type: Personal Injury Negligence

Statutes cited: Section 17, Art. 16, Military and Naval Code of Illinois

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. MILITARY SERVICE-when claimant entitled to an award. There being no

ESLEY CANTRELL

v.

STATE OF ILLINOIS.

Opinion filed January 19, 1921.

MILITARY SERVICE-when claimant entitled to an award. There being no dispute as to the facts in this case, the Court holds that the State is liable under Section 17, of Art. 16, of the Military and Naval Code of Illinois, for the injuries sustained by claimant.

Edward J. Brundage, Attorney General, for State.

The claimant was injured on September 16th, 1917, in the performance of his duty while a member of the Reserve Militia, Ninth Regiment, Company E, Illinois National Guard, by being ruptured while carrying some timbers, under orders from his superior officer.

The Attorney General, in his statement on file, admits that there is no dispute as to the facts in this case, and that such facts are properly set forth in the brief and argument of claimant.

Section eleven of article sixteen of the Military and Naval Code of the State of Illinois, in force July 1, 1917, makes the State liable for injuries received by any member of the Illinois National Guard, while in the performance of his duty, under orders from his superior officer, and provides that such claim shall be filed with the Court of Claims, and that such Court shall adjust the same as the merits of each case may demand.

Under the law and facts in this case, the State is liable. The claimant does not claim any particular amount for such injury, but leaves the fixing of the same to the consideration of this Court.

After carefully examining the testimony taken in this case, the Court is of the opinion that claimant should receive the sum of fifteen hundred dollars ($1,500.00) for his injuries.

The Court therefore awards claimant the sum of fifteen hundred dollars ($1,500.00).

Official volume 4 (Compiled and Reported by the Authority of the State of Illinois 1923)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.