K. H. WATERSTREET, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $26.55 for damage to his automobile allegedly caused by a state highway maintenance truck. The court dismissed the claim because the State is not liable for the torts of its employees in the absence of a statute creating such liability.

Claim type: Property Damage

Cases cited: Minear vs. State Board of Agriculture, 259 Ill. 549; Bucholz, Admrx. vs. State, 7 C. C. R. 241

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

Headnotes

PROPERTY DAMAGE-Highways-negligence of employees of State engaged in construction or maintenance of-State not liable for. In the maintenance of a public highway the State is acting in its governmental capacity and is not liable for the negligence of its servants and agents in connection therewith.
SAME-same-same-pleading. Where complaint on its face shows that claim is based on negligence of State employee engaged in constructing or maintaining State highway motion to dismiss will be sustained and award denied.

K. H. WATERSTREET, pro se. OTTO KERNER, Attorney General; GLENN A. TREVOR, Assistant Attorney General, for respondent.

Mr. JUSTICE Yantis delivered the opinion of the court:

Claimant herein seeks an award of Twenty Six and 55/100 Dollars ($26.55) for damages to claimant's automobile on August 28, 1935 by reason, as he alleges, of being struck by a State highway maintenance truck No. 361 at Elburn, Illinois, driven by one Charles Nelson.

The Attorney General has filed a motion on behalf of respondent to dismiss the claim on the ground that the State cannot be held to respond for the torts or negligent acts of its employees. If the facts are as represented in the complaint the employee in question should be compelled to pay for the damages caused, but this court has not jurisdiction to make such an order, and neither can an order be properly entered against the State as the rule of respondeat superior does not apply thereto. Similarly as stated in Minear vs. State Board of Agriculture, 259 Ill. 549 and in Bucholz, Admrx. vs. State, 7 C. C. R. 241. "In the construction and maintenance of its roads the State acts in a governmental capacity and in the exercise thereof does not become liable for the malfeasance, misfeasance or negligence of its officers or agents in the absence of a statute creating such liability."

The motion of the Attorney General is allowed and the claim is dismissed.