Illinois Court of Claims Opinions
Legacy General
Download PDF

Baxter v. State of Illinois

5 Ill. Ct. Cl. 322 Illinois Court of Claims Filed 1927-03-20 No. 1102
Disposition: (No. 1102-Claim denied.) Agency: Illinois State Penitentiary at Joliet
Cite as: Baxter v. State of Illinois, 5 Ill. Ct. Cl. 322 (1927)
Legacy General 5 denied 1920s Baxter v. State of Illinois 5 Ill. Ct. Cl. 322 1927-03-20 (No. 1102-Claim denied.) /opinions/v05-p0342-1/

CHARLES BAXTER, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, a guard at the penitentiary, sought damages for injuries inflicted by convicts. The court sustained the state's demurrer and denied the claim, noting no permanent injuries and that claimant received his regular salary and medical attention.

Claim type: Personal Injury Negligence

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

Headnotes

  1. GOVERNMENTAL FUNCTIONS-State not liable for injuries sustained by its

The claimant, Charles Baxter, has filed a claim on account of injuries which he received on September 30, 1926, when he was employed as a guard or keeper at the Illinois State Penitentiary at Joliet, on that day he being in charge of what is known as the fiber shop, in which were working a large number of convicts, when he was struck by a convict by the name [*323] of Stanley Morowski and three or four other convicts, with clubs and hammers and other weapons and was beaten about the head and body, including an injury to the bone and tissue of the left hand; that as a result thereof he was unable to work until on or about October 20, 1926, and underwent great pain and suffering, and claims that the use of his left hand was, as a result thereof, permanently impaired and that he received other permanent injuries.

To the declaration, the Attorney General of the State of Illinois has filed a demurrer, which is sustained, as a matter of law.

The evidence of Dr. Fletcher, attending physician, indicates that there are no permanent injuries. Claimant does not make any demand for loss of time or for doctor bills, and the presumption is that he was paid his regular salary while employed at the institution and given medical attention.

In view of these facts, it is our opinion that he is not entitled to any damages for the injuries as set forth in his petition.

Official volume 5 (Containing cases in which opinions were filed between July 1, 1923–June 30, 1927)  ·  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.