LAWRENCE BAIE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $125 for a horse that was injured and killed while rented to a state highway patrolman for mowing weeds. The court denied the claim, holding that the bailment was for mutual benefit and the loss fell on the owner, and no statute made the State liable.
Cases cited: Standard Brewery vs. Bemis & Curtis Malting Co., 171 Ill. 602; Saunders vs. Hartsook, 85 Ill. App. 55
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Headnotes
- BAILMENTS-mutual benefit of bailor and bailee-loss of bailed property. Where claimant rented team of horses to patrolman employed by State Highway Department for mowing weeds and one of the horses slipped on an embankment sustaining injuries necessitating its destruction the transaction is a bailment for the mutual benefit of the parties and the bailee is only bound to use ordinary care in the use of the bailed article, and if same is lost or destroyed without his fault the loss must fall on the owner.
- PROPERTY DAMAGE-loss of property rented by State employee-when State not liable for. The State is not liable for loss or destruction of property rented by claimant to employee of State, the State not having contracted for the use of same and there is no theory under which court could justify an award in such case.
Claimant alleges that on July 12, 1930, a team of horses rented of him by one Henry Federer, a patrolman employed by the State Highway Department of the State of Illinois on Route No. 71, was then and there being used by Federer in mowing weeds; that one of the horses slipped on the embankment, fell, broke its leg and had to be shot. Claim is filed for payment of $125.00 alleged to be the value of the horse.
There is no theory under which this court could justify an award in this case. The team was rented by Federer from Baie, for mutual benefit, and was not contracted for by the State. The injury to the horse was due to no outside agency or action. [*101]
"In bailments for mutual benefit the bailee is bound to use but ordinary care, and if the thing bailed is lost or destroyed without his fault the loss must fall on the owner."
Standard Brewery vs. Bemis & Curtis Malting Co., 171 Ill. 602.
Saunders vs. Hartsook, 85 Ill. App. 55.
There being no statute making the State liable for claims of this character, and no ground of legal liability existing, this court is without authority to make an award for the damages claimed. Motion to dismiss is allowed and as no amendment could enhance the rights of plaintiff to an award, the claim is dismissed.