OTTO STEIN, ADMINISTRATOR OF THE ESTATE OF EVELYN STEIN, De- ceased, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought recovery for the drowning death of Evelyn Stein in a lagoon in Douglas Park. The court denied the claim, holding that the Legislature did not intend the Court of Claims to obligate the State for such claims, and sustained the State's demurrer.

Claim type: Wrongful Death

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Headnotes

OTTO STEIN, ADMINISTRATOR OF THE ESTATE OF EVELYN STEIN, De- NON-LIABILITY OF THE STATE-when State not liable. The State is not COURT OF CLAIMS-jurisdiction-equity and good conscience. The act ILLINOIS AND MICHIGAN CANAL-when appropriation could be in aid of. SAME-when appropriation prohibited for loss of crops by reason of

NON-LIABILITY OF THE STATE-when State not liable. The State is not liable for death by drowning in a park lagoon under the jurisdiction of the West Chicago Park Commission. COURT OF CLAIMS-jurisdiction-equity and good conscience. The act creating the Court of Claims did not authorize the court to obligate the State, either as a matter of law or equity and good conscience to assume obligations for death in a park lagoon under the jurisdiction of the West Chicago Park Commission. SISSMAN & SISSMAN, for claimant. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

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

This is a claim brought to recover from the State of Illinois on account of the death by drowning of Evelyn Stein in a lagoon in Douglas Park in October, 1925, which park is under the jurisdiction of the West Chicago Park Commission.

It is alleged that there is some doubt whether the park system would be legally liable or not.

This Court has in former opinions expressed itself as to extending the liability of the State of Illinois in cases of similar nature, and the court is of the opinion that the Legislature of the State of Illinois did not intend to include in the act creating the Court of Claims any authority to obligate the State of Illinois, either as a matter of law or through equity and good conscience to assume obligations of this character. The court does not wish to discuss the position that the courts of general jurisdiction should take in this case, but this court is of the opinion that this case cannot be maintained in this court and therefore the demurrer filed by the Attorney General in behalf of the State of Illinois is hereby sustained. [*330] (Claims denied.)

AGNES C. HOLLENBECK AND WILLIAM HOLLENBECK, 1111; JOHN MITCHELL, 1112; HORACE SEVERNS, 1113; ANDREW PARK, 1114,