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Meriam Evans v. Fillinois

16 Ill. Ct. Cl. 97 Illinois Court of Claims Filed November 12, 1946. No. 3982
Disposition: (No. 3982-Claimant awarded $83.75.) Award: $83.75 Agency: Division of Highways
Cite as: Meriam Evans v. Fillinois, 16 Ill. Ct. Cl. 97 (1946)
Legacy General 16 awarded 1940s Meriam Evans v. Fillinois 16 Ill. Ct. Cl. 97 November 12, 1946. (No. 3982-Claimant awarded $83.75.) /opinions/v16-p0116-1/

MERIAM EVANS, Claimant, v. STATE O FILLINOIS, Respondent.

Case summary

Claimant sought $83.75 for property damage to her automobile caused by a state employee negligently operating a tractor mower that overturned onto her car. The court found the respondent failed in its duty, constituting negligence, and awarded the full amount.

Claim type: Property Damage

Cases cited: Miller vs. Kresge Co., 306 Ill. 104

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

Headnotes

  1. GEORGE F. BARRETT, Attorney General; C. A RTHUR NEBEL,Assistant Attorney General, f o r respondent.
  2. HIGKwAYS-danaage-aUtO~Obale of claamant damaged b y tractor mower operated by employee of State-when award f o r damages theref o r m a y be made. Where i t appears that employee of the State operated a tractor mower on the highway, cutting weeds along the shoulders thereof, so negligently and carelessly as to cause it to overturn on embankment, and fall on claimant’s automobile which she was driving on said highway- there is a failure of duty on the part of the State and the law attaches to such failure of duty the charge of negligence. Miller vs. Kresge Go.,, 306 Ill. 104.

On June 17, 1946 the claimant, Meriam Evans, was driving her automobile in a southerly direction on U. S. Route No. 45 in iVhite County, Illinois; she was driving about twenty-five miles per hour; Gordie Mills, an employee of the respondent, was operating a tractor mower on the highway, cutting weeds along the shoulders. This route is maintained by the respondent through the Division of Highways. As claimai? approached a relatively deep cut out section of the pavement, her car was overtaken by the motorized mower; the mower was so negligently and carelessly driven and operated that it overturned on the embankment, and fell upon her automobile, causing property damage in the amount of $83.75.

The record consists of the complaint, a departmental report which substantially corroborates the complaint, a stipulation that the departmental report constitute the record, and waiver of statement, brief and argument by both claimant and respondent.

The record shows a duty on the part of the defendant, and a failure to perform that duty, and a resulting injury. The law attaches to such failure of duty the charge of negligence. (Miller vs. Kresge Co., 306 Ill. 104.)

An award is therefore entered in favor of the claim: ant in the amount of $83.75.

Official volume 16 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1946–June 30, 1947)  ·  All opinions in this volume  ·  Also on CourtListener

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