ELLA KIRKPATRICK, NEXT FRIEND OF DUNCAN LOUISE KIRKPATRICK, AMINOR, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $12,000 for injuries to a child allegedly caused by other children at a Chicago public school. The court dismissed the claim because the Board of Education, not the State, had control of the schools, so no cause of action against the State was stated.

Claim type: Personal Injury Negligence

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

Headnotes

PERSONAL INJURY-when no award will be made for personal injuries PLEADING-when demurrer will be sustained. Where the declaration

PERSONAL INJURY-when no award will be made for personal injuries sustained by a pupil of a public school. The Board of Education of the city of Chicago has the management, control and supervision of the schools of the city and the State is not liable for personal injuries sustained by a pupil while attending such schools. PLEADING-when demurrer will be sustained. Where the declaration fails to show a cause of action against the State, the demurrer filed by the Attorney General will be sustained. AUGUSTUS L. WILLIAMS, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

The declaration in this case charges that Louise Kirkpatrick, a child of the age of four years and a student in the kindergarten department of the Hayes school of the City of Chicago, on December 12, 1929, while walking out of the school to the schoolyard, down the stairway of the school, was shoved by other children also walking and playing while leaving said school, which resulted in her being thrown upon the cement sidewalk and trampled upon by many of the children causing her to sustain permanent injuries, for which $12,000.00 damages are asked against the State. To this declaration the Attorney General has filed a demurrer, and the cause is submitted on the declaration and demurrer.

It does not appear why this claim is filed against the State. The Board of Education of the City of Chicago has the management, supervision and control of the schools of the city. As the declaration fails to state any cause of action against the State the demurrer is sustained and the case dismissed.