MICHAEL S. PLAUT, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought compensation for cattle destroyed due to tuberculosis after a testing error in department records. The court awarded $319.95 after the error was corrected.

Claim type: Other

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 for losses sustained by the destruc-

ANIMALS-when award will be made for losses sustained by the destruction of animals infected with tuberculosis. Where payment is refused for losses sustained by reason of the destruction of animals infected with tuberculosis because the department records showed the disposition of such animals was not made within the time required by statute, and it is later conceded that the department records were in error, an award will be made for the State's share of the losses sustained. JOHN E. SEBAT, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

Claimant's cattle were tested for tuberculosis August 8, 1928. Six cows and a bull were found to be infected with the disease and were appraised and sold, the sale being made the 22nd day of August. One-third of the difference between the appraised value of the cattle and what they brought at the sale is $319.95. The Department of Agriculture refused to pay claimant because the record in its office showed the test was made July 22nd and the sale was not made until August 23rd more than 30 days after the test. It is now conceded that an error was made in the department records and that the test was made on August 8th instead of July 22nd. The Attorney General concedes that if that be true claimant is entitled to an award.

Claimant is therefore allowed an award of $319.95.