Illinois Court of Claims Opinions
Legacy General
Download PDF

Harry Gruber v. State of Illinois

11 Ill. Ct. Cl. 630 Illinois Court of Claims Filed 1941-06-24 No. 3190
Disposition: (No. 3190-Claim denied.) Agency: Illinois National Guard
Cite as: Harry Gruber v. State of Illinois, 11 Ill. Ct. Cl. 630 (1941)
Legacy General 11 denied 1940s Harry Gruber v. State of Illinois 11 Ill. Ct. Cl. 630 1941-06-24 (No. 3190-Claim denied.) /opinions/v11-p0649-1/

HARRY GRUBER, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $26.75 for damage to his automobile allegedly caused by negligent operation of a National Guard vehicle. The court denied the claim, holding that the State is immune from liability when engaged in the governmental function of organizing, maintaining, and operating the National Guard.

Claim type: Property Damage

Cases cited: Petersen vs. State, 8 C. C. R. 9

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

Headnotes

  1. ILLINOIS NATIONAL GUARD-governmental function. It is well settled that in organizing training and military camps, the State is exercising a governmental function and acting in its sovereign capacity.
  2. SAME-negligence of member of-State not laable for. The State is never liable to respond in damages for the negligence of the officers or members of the Illinois National Guard.

Complaint charges that on August 17, 1937 claimant was the owner of a certain automobile which was being driven in an easterly direction along a certain public highway in the city of Chicago, and that a National Guard Military vehicle loaned to the respondent, State of Illinois, by the Federal Government, was then and there being driven in a northerly direction by one Joseph Gerling, driver of the Government vehicle. That claimant was operating his car with due care and caution and the State by its agents, servants and employes unlawfully, negligently, carelessly and improperly managed and propelled the military vehicle so that it struck the car driven by claimant, with damage to the claimant of $26.75.

The Attorney General has made a motion to dismiss for the reason that the complaint does not set forth a claim which the State of Illinois, as a sovereign commonwealth, should discharge and pay, for the reason that claimant seeks an award predicated upon liability of the State for damages to claimant's motor vehicle alleged to have been caused and sustained by the negligent, unlawful, careless and improper operation of a motor truck by officers or members of the Illinois National Guard.

This court and the Supreme Court of Illinois have repeatedly held that the State in the organization, maintenance and operation of the Illinois National Guard, is engaged in a governmental function and is, therefore, not liable for personal injuries or property damage, occasioned by the negligence or wrongful conduct of officers or members of the Illinois National Guard, or officers, employes, servants or agents of the State charged with the organization, maintenance, operation or training of said National Guard.

See Petersen vs. State, 8 C. C. R. 9.

The motion of the Attorney General will, therefore, be sustained and an award denied.

Official volume 11 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between July 1, 1939–June 30, 1941, and advisory Opinions furnished Illinois Emergency Relief Commission)  ·  All opinions in this volume  ·  Also on CourtListener

This text is OCR/derived from the official volume and may contain errors. The PDF is authoritative. Boundary pages shared with the adjacent opinion are reproduced whole, so the page image may show a neighbor's opening or closing lines; the transcript text itself is opinion-scoped. See About & sources.