Ellwood et al. v. State of Illinois — 6 Ill. Ct. Cl. 111

F. P. ELLWOOD AND JOHN NELSON, CO-PARTNERS, DOING BUSINESS UNDER THE FIRM NAME AND STYLE OF ELLWOOD AND NELSON, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimants sought compensation for a Holstein bull destroyed after reacting to a tuberculosis test. The court awarded $50.00, the full amount of the state's share, based on the Department of Agriculture's recommendation.

Claim type: Other

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

Headnotes

F. P. ELLWOOD AND JOHN NELSON, CO-PARTNERS, DOING BUSINESS ANIMALS-when an award will be made for cattle destroyed for the pur- OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

ANIMALS-when an award will be made for cattle destroyed for the purpose of eradicating bovine tuberculosis. Where it appears that cattle have been destroyed in accordance with law for the purpose of eliminating bovine tuberculosis an award will be made upon the report and recommendation of the Division of Animal Industry of the Department of Agriculture. POUST, FISK & MOURNY, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LEESON delivered the opinion of the court:

The declaration in this case alleges that F. P. Ellwood and John Nelson, co-partners are engaged in the dairy business in the township of DeKalb, County of DeKalb, and State of Illinois; that they were the owners of one Holstein bull registered as follows: Co. 46-500, St. 1401, 500888 Holstein Barkrest Dione Pobes, which reacted to tuberculosis test and was thereafter destroyed in accordance with the law on the 28rd day of March, 1927.

The claimant further alleged that this bull was appraised and that they, the claimants, received the sum of Forty-seven and 45/100 Dollars ($47.45) as salvage for said bull, leaving a deficiency of One Hundred Fifty-two and 55/100 Dollars ($152.55) of which the United States is required to pay Fifty Dollars ($50.00) and the State of Illinois Fifty Dollars ($50.00).

The Attorney General files a statement setting forth that this claim was forwarded to the Department of Agriculture for report and advice and the Division of Animal Industry of the Department of Agriculture reported on this claim under date of August 13, 1928, by letter, copy of which is attached and marked exhibit A and made a part of this statement. The Department of Agriculture recommends that the claim be paid. The claimants are, therefore, awarded the sum of Fifty Dollars ($50.00), the full amount of their claim.