COUNTY OF LASALLE, STATE OF ILLINOIS, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The County of LaSalle claimed damages for crops destroyed by overflow of a state-owned canal. The court sustained the Attorney General's demurrer as a matter of law but awarded the claimant $3,500 on grounds of equity and social justice.

Claim type: Property Damage

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

Headnotes

NON-LIABILITY OF STATE-State not liable for overflow of water, causing

NON-LIABILITY OF STATE-State not liable for overflow of water, causing damage, from Illinois & Mich. Canal. The decision of the court in the case of Allen v. State, supra, governs this claim. LEE O'NEIL BROWNE, for claimant. OSCAR E. CARLSTROM, Attorney General; S. S. DUHAMEL, Assistant Attorney General, for respondent.

MR. JUSTICE LEECH delivered the opinion of the court:

This is a claim for damages sustained by claimant, on its premises located a short distance west of the city of Ottawa, and known as the "LaSalle County Poor Farm", or "Home", by reason of the overflow of a canal owned by the State of Illinois; said damage having occurred on or about September 7, 1924, and as a result of which the crops raised on said farm were destroyed, the reasonable value of said crops being $3,500.00.

The demurrer filed by the Attorney General of the State of Illinois, is, as a matter of law, sustained.

We award claimant the sum of $3,500.00, on the grounds of equity and social justice.