KINNEY-ROME COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $66.80 for damage to its salesman's car when bales of hay fell from a state truck. The court found liability and awarded the full amount.

Claim type: Property Damage

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

Headnotes

KINNEY-ROME COMPANY, Claimant, vs. STATE OF ILLINOIS, PROPERTY DAMAGE-when an award will be made for damages to auto- OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE- PROPERTY LOSS-when an award will be made for loss of property of an

PROPERTY DAMAGE-when an award will be made for damages to automobile. An award will be made for damages to an automobile which resulted while passing a truck owned and operated by the State of Illinois upon the statement of the Attorney General that the facts alleged in the claim are supported by the exhibits attached thereto. B. J. COYLE, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LEECH delivered the opinion of the court:

From the statement of claimant filed by the claimant, it appears that on May 4th, 1926, a salesman of the KinneyRome Company, while driving on a road near Jacksonville, Illinois, was passing a truck belonging to the State of Illinois and operated by the Jacksonville State Hospital at Jacksonville, Illinois.

That while passing said truck two bales of hay or straw fell off said truck onto said car, damaging the hood, front bumper and right fender.

Claimant further states that they took affidavits of the salesman, copies of which are attached and marked Exhibits “A” and “B” and made a part of this statement.

The claimant alleges the automobile was damaged to the amount of $66.80, the cost of the repairs. A copy of repair bill attached hereto, marked Exhibit “C”.

The Attorney General in his statement says that no testimony has been taken in this case nor stipulation entered into, for the reason that the facts alleged in the claim are supported by the exhibits attached thereto. There are eighteen exhibits from which the court finds that there is a liability on the part of the State of Illinois and the court awards to the claimant the sum of $66.80. [*209]

(Claims allowed)