UNION BANK OF CHICAGO, ADMINISTRATOR OF THE ESTATE OF LEON JOHNSON, DECEASED, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $10,000 damages for the drowning death of an 11-year-old boy in a park lagoon, alleging negligence by South Park Commissioners as state agents. The court denied the claim because the State is never liable for torts of its agents and the declaration did not state a cause of action.
Cases cited: The People vs. Chicago Motor Bus Co., 295 Ill. 486; Stein vs. West Chicago Park Commissioners, 247 Ill. App. 479; Linstrom vs. City of Chicago, 33 Ill. 144; Kinnare vs. City of Chicago, 171 Ill. 332
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Headnotes
- PERSONAL INJURY-negligence of agent of State. The State is not liable for the torts or negligence of its agents or servants.
- SAME-pleading-when award denied and case dismissed. Where it is alleged in the declaration that the South Park Commissioners were agents of the State and that their negligence caused the injury complained of, a cause of action is not stated and the claim will be denied and the case dismissed.
The substance of the declaration in this case is that claimant's intestate, Leon Johnson, a boy eleven years old, was drowned in a lagoon in Washington Park, on April 20, 1930. [*58]
The declaration also charges the South Park Commissioners were agents of the State and that the death of Johnson was caused by their negligence and carelessness, and asks $10,000.00 damages.
The South Park Commissioners constitute a municipal corporation and have the control and management of Washington Park. (The People vs. Chicago Motor Bus Co., 295 Ill. 486.) Such a municipal corporation has a dual character, the one public the other private. In the exercise of its public or governmental functions no liability attaches to it under the common law and it is not liable for the nonuser or misuser of its powers. (Stein vs. West Chicago Park Commissioners, 247 Ill. App. 479.) A municipality created for governmental purposes is not liable for damages caused by the negligence of its agents unless such liability is expressly provided by statute. (Linstrom vs. City of Chicago, 33 Ill. 144.)
If the Park Commissioners were mere agents of the State, as charged in the declaration, it follows as a matter of course that there is no liability on the part of the State for damages caused by their negligence, as the State is never liable for the torts or negligence of its agents. (Kinnare vs. City of Chicago, 171 Ill. 332.) As the declaration does not state a cause of action against the State the case must be dismissed.
The claim is therefore denied and the case dismissed.