BLANCHE METCALF, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant, widow and minor child of George Metcalf, sought compensation for his death while employed as an attendant at the Lincoln State School and Colony, where he was fatally struck by an inmate. The court recommended an award of $4,200.00 under the Workmen's Compensation Act, with no objection from the Attorney General.

Claim type: Line Of Duty Death

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Headnotes

PERSONAL INJURY-when award will be made-equity and social justice-

PERSONAL INJURY-when award will be made-equity and social justiceWorkmen's Compensation Act. Where it appears that claimant's intestate received injuries while acting in course of his employment while an attendant at the Lincoln State School and Colony, an award will be made under the doctrine of equity and social justice and the amount determined under the provisions of the Workmen's Compensation Act. HOMER B. HARRIS, for claimant. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

Mr. CHIEF JUSTICE CLANTY delivered the opinion of the court:

This is a claim brought on behalf of the claimant, a widow and minor child of George Metcalf, deceased, who came to his death on July 9th, 1927, while acting in the course of his employment as an attendant at the Lincoln State School and Colony. It appears that on July 8th, 1927, an inmate of the aforesaid institution, William Beesley struck the decedent [*163] with a table leg with such force and violence that the decedent died on July 9th, 1927.

As this is a case to be measured only by the Workmen's Compensation Act of the State of Illinois, the Attorney General makes no objection to the allowance of the claim.

This is a case that appeals to the court under the doctrine of equity and social justice. Where a man in the prime of life was killed in the line of duty without justification, it appears that he had been an efficient employe doing his duties faithfully and efficiently.

Therefore this court recommends that this claimant be allowed in behalf of herself and minor child of the deceased, the sum of Forty-two Hundred and no/100 Dollars ($4,200.00).