LYLE NATION, BY EDYTHE NATION, HIS NEXT FRIEND, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant's new bicycle was destroyed when a truck owned and operated by the State of Illinois ran into it without fault of the claimant. The court found the claim reasonable and recommended an award of $55.00.

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

PROPERTY DAMAGE-when award will be made. Where it appears that

PROPERTY DAMAGE-when award will be made. Where it appears that claimant's property is destroyed through no fault of his own but by reason of being struck by a truck driven by a State employee, an award will be made for the loss sustained. MCCARTHY & MCCARTHY, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

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

It appears that the claimant's bicycle was destroyed by a truck owned by the State of Illinois and driven by an employee of the State of Illinois, which got beyond the control of the driver and ran across the side walk and into the claimant's bicycle, completely demolishing it without fault of claimant.

The bicycle was worth $55.00 and was a new vehicle.

From the facts in the case, it would appear that the claim of this boy was reasonable and that no objections being made by the defendant, this court recommends that this claimant be allowed the sum of $55.00.