ELMER FLESBURG, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for the loss of a cow that died after being tested for tuberculosis by a state veterinarian. The court found the test was hazardously made and recommended an award of $125.00.

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

ANIMALS-when award will be made-equity and good conscience.

ANIMALS-when award will be made-equity and good conscience. Where it appears from the evidence that a bovine tuberculosis test was hazardously made by a State Veterinarian which resulted in the death of the animal an award will be made on the grounds of equity and good conscience. FRED W. POTTER, for claimant. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

MR. CHIEF JUSTICE CLARITY delivered the opinion of the court:

The claimant a farmer located in Roberts township, Marshall county, Illinois, claims damages for the loss of a cow. It is alleged that the animal died from fright occasioned by being tested by the State veterinarian for tuberculosis.

It is claimed further that the cow in question gave birth to a calf and that the veterinarian insisted that this cow be tested with the other cattle although the owner protested that on account of the delicate condition of the cow that the test would be very dangerous. However it appears that the test was then and there made and the cow died shortly after the test.

This court is of the opinion that the intent of the law to protect animal industry and eradicate the disease in question was to protect owners as far as possible and from all the records we are of the opinion that the test made in question was at least hazardously made on an animal as it appears was done in this case. It is therefore considered by the court that an allowance should be made for the animal in question and as a matter of equity and good conscience this court recommends that the sum of One Hundred and Twentyfive Dollars be allowed.