THE BALTIMORE & OHIO RAILROAD COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment of $15.84 for transporting merchandise for the Division of Highways, but payment was refused because the appropriation had lapsed. The court awarded the full amount, finding no unreasonable delay and that the amount was not questioned.
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Headnotes
- FREIGHT CHARGES-when award will be made for. Where facts are undisputed that claimant rendered services to State in carrying freight, but that bill for charges therefor was not presented for payment before lapse of appropriation out of which it could be paid and there was no unreasonable delay on part of claimant in presenting claim, an award for amount due will be made.
[*137] Between March 28th, 1933 and June 10th, 1933 claimant transported six shipments of merchandise to and from Springfield, Illinois for the Division of Highways of the respondent. The several shipments were received and carried on the credit of the respondent, and the total charges therefor were $15.84. On December 22d, 1933 freight bills so due were presented to the Department of Public Works and Buildings, Division of Highways, but payment was refused on account of the fact that the appropriation therefor had lapsed.
There was no unreasonable delay on the part of the claimant in presenting the claim; no question is raised as to the amount charged; and Mr. Ernst Lieberman, Chief Highway Engineer, in his report on the claim, states that the same should be allowed.
Award is therefore entered in favor of the claimant for the amount claimed, to-wit, Fifteen Dollars and Eighty-four Cents ($15.84).