L. H. DODSON, ADMINISTRATOR OF THE ESTATE OF ELTON DODSON, Deceased, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant, as administrator of the estate of Elton Dodson, sought damages for the death of Elton Dodson, who was fatally burned while starting a fire in an asphalt machine at the direction of the state. The court found no evidence of dependency but awarded $294.75 for medical, hospital, funeral, and transportation expenses.

Claim type: Wrongful Death

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

Headnotes

PERSONAL INJURIES-death-when award will be made-dependency for OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

PERSONAL INJURIES-death-when award will be made-dependency for support. Where claimant receives injuries in course of employment which result in death and there is no evidence of dependency, an award will be made for medical, hospital and funeral expenses. BENJ. F. CASSIDAY, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

Mr. Justice Leech delivered the opinion of the court:

The declaration filed in this cause on November 7th, 1927, alleges that on June 6th, A. D. 1927, Elton Dodson was en[*190]gaged, through the Department of Public Works and Buildings, Division of Highways, in the maintenance of certain durable hard surfaced roads within and for the State of Illinois; that it was necessary for said defendant, in the maintenance of said hard surfaced roads to mark the center line of same with asphalt or like material, and was at that time preparing to so mark the hard surfaced roads, at or near Kewanee in Henry county, Illinois; that in such preparation, it was necessary to prepare a fire in a furnace of an asphalt or tar machine before applying it to the center line of said roads, and that it was dangerous and unsafe for a person to start the fire in said furnace by means of oil or kerosene; that defendant ordered said Elton Dodson to start said fire in said furnace of said asphalt or tar machine, by means of oil or kerosene, and that while so acting with all due care and caution for his own safety, did then and there attempt to start said fire in said furnace of said asphalt or tar machine used in the maintenance of said durable hard surfaced roads, and by reason of a combustion or explosion in said furnace, said Elton Dodson was horribly burned about his person, from which burns he died at the St. Francis Hospital, Kewanee, Illinois, at 6:40 A. M., June 6th, 1927; that he left a mother, father, and seven brothers and sisters him surviving, and claimant, as administrator of the estate of Elton Dodson, deceased, asks damages in the sum of $5,000.00.

In the testimony introduced, there is no evidence of dependency, but there are medical, hospital, funeral and transportation expenses, which are proved in a total sum of Two Hundred Ninety-four and 75/100 Dollars ($294.75), and we accordingly award claimant in this suit the sum of $294.75. [*101]

(Claims allowed.)

TONY BLASI, 1262; HECTOR DURANTE, 1263; MARTIN CANNON, 1264; THOMAS BOUCHIER, 1265; LOUIS J. STRELITSKY, 1266; FRED L. HUCHBERGER, 1267; WILLIAM L. ROSSELL, 1268; FRANK E. AR