SOUTHEASTERN ILLINOIS ELECTRIC COOPERATIVE, INC., ACORP., Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant alleged that employees of the respondent damaged its electric distribution line with a dragline boom. The court dismissed the complaint because the claimant failed to plead due care and caution for the protection of its property.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- HrGHWAYS-U&?gUliOn o,f due cure. Where claimant fails to allege due care and caution on its part, the motion of respondent t o strike will be allowed.
The complaint herein was filed on September 18, 1952, by the claimant, Southeastern Illinois Electric Cooperative, Inc., A Corporation of the State of Illinois, wherein it is alleged employees of the respondent in the operation of a dragline allowed the boom to damage claimant’s electric distribution line, which was adjacent to the west side of State Bond Issue Route No. 142; said distribution line being located upon the private property of farm owners, but being near and adjacent to the west right-of-way line of said Route No. 142.
Respondent filed its motion to strike alleging:
1. The complaint fails to allege that the claimant was in the exercise of due care and caution for the protection of its property at the time of the alleged damages.
2. The complaint fails to allege that the employee allegedly operating the dragline was acting for or on behalf of the State of Illinois at the time claimant’s property was allegedly damaged.
On failure to plead due care and caution, the claimant’s complaint is hereby dismissed.