Haar v. State of Illinois — 6 Ill. Ct. Cl. 239

WILLIAM HAAR, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reimbursement for five horses killed to prevent the spread of glanders. The court awarded $410.00, the fair market value, as the state's practice was to compensate owners for such losses.

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

ANIMALS-when award will be made to reimburse claimant for animals OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

ANIMALS-when award will be made to reimburse claimant for animals destroyed by order of the State authorities. Where it appears that claimant's horses are destroyed by order of the State authorities to prevent the spread of the disease of glanders, an award will be made to reimburse the owner of the animals for such loss and the amount determined according to the fair market value of such animals. CHAS. F. LEE, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. CHIEF JUSTICE CLARDY delivered the opinion of the court:

It appears that claimant on the 2nd day of November, 1928, and for some years prior thereto was engaged in operating a farm in Logan county, Illinois, and in conduct of such business he owned and used certain horses.

It further appears that the horses owned by claimant became infected with a disease called "glanders;" that on Nov. 2nd, 1928, W. V. Nesbitt, a licensed veterinarian residing at Lincoln, Illinois, examined five horses belonging to claimant and found all five horses infected with the disease called "glanders."

It further appears that thereafter said five horses were ordered by the State veterinarian of the State of Illinois to be killed on account of their being diseased with glanders and for the prevention of the spread thereof.

It further appears that it is the rule and practice of the defendant the State of Illinois to reimburse the owners of animals killed in manner as aforesaid to prevent the spread of a disease of this character, and it would appear that this is a reasonable and fair caution and for the best interests of the animal industry of the State. It appears that the fair market value of the horses was $410.00.

The Attorney General comes and admits the facts set forth in said claim and that the claimant is entitled to the sum of $410.00.

It is therefore recommended that the claimant be allowed the sum of $410.00.