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Wayne Eccles v. State of Illinois

21 Ill. Ct. Cl. 608 Illinois Court of Claims Filed 1964-04-23 No. 4566
Disposition: (No. 4566-Claim denied.) Agency: Department of Public Works and Buildings, Division of Highways
Cite as: Wayne Eccles v. State of Illinois, 21 Ill. Ct. Cl. 608 (1964)
Legacy General 21 denied 1960s Wayne Eccles v. State of Illinois 21 Ill. Ct. Cl. 608 1964-04-23 (No. 4566-Claim denied.) /opinions/v21-p0636-1/

WAYNE ECCLES, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought damages for injuries sustained on State Aid Route No. 34 in St. Clair County. The court dismissed the claim because the State did not have jurisdiction over the road, which was maintained by St. Clair County.

Claim type: Personal Injury Negligence

Statutes cited: Chap. 121, Par. 37, Ill. Rev. Stat., 1953 edition

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

Headnotes

  1. H ~ ~ ~ ~ ~ ~ s - j u r i s d i ~ tUpon i .motion to dismiss, supported by affidavit, which showed that the State did not have jurisdiction over the highway in question for any purpose, claim based upon injury resulting from the use of said highway will be dismissed.

On September 11, 1953, claimant filed his claim herein.

On March 26, 1954, respondent filed a motion to dismiss, supported by an affidavit of R. R. Bartelsmeyer, Chief Highway Engineer, Division, of Highways of the Department of Public Works and Buildings, wherein affiant stated that the records of the State of Illinois, Department of Public Works and Buildings, Division of Highways, disclosed that it did not have jurisdiction over State Aid Route No. 34 in St. Clair County, Illinois for any purpose of construction, reconstruction, maintenance, repair, or operation; and did not have such jurisdiction prior to, on, or after January 14, 1953, being the date of the alleged injury sustained by claimant on said highway. Affiant further stated that an investigation was made in the field, and it was disclosed that the State of Illinois did not have jurisdiction over State Aid Route No. 34 in St. Clair County, Illinois, for any purpose whatso,ever.

There is also attached to said motion the affidavit of C. Arthur Nebel, Assistant Attorney General of the State of Illinois, wherein reference is made to the statutes of the State of Illinois, particularly Chap. 121, Par. 37, Ill. Rev. Stat., 1953 edition.

Affiant, Nebel, stated that the State of Illinois did not maintain State Aid Route No. 34 east of State Aid Route No. 19 in St. Clair County, Illinois. Affiant further stated that State Aid Route No. 34, east of State Aid Route No. 19 in St. Clair County, Illinois at [*610] the place alleged in said complaint, was maintained by the County of St. Clair.

There was also filed in this cause on March 26, 1954 a proof of service of the motion filed herein. There have been no objections to the motion and suggestions in support thereof filed by claimant.

Claimant does not allege in his complaint that the respondent, Department of Public Works and Buildings, Division of Highways, had under its jurisdiction the road in question, and, as the record now stands, said highway was under the jurisdiction of the County of St. Clair, and not the State of Illinois.

The motion of respondent to dismiss is, therefore, sustained, and the case accordingly dismissed.

Official volume 21 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1951–April 30, 1954)  ·  All opinions in this volume  ·  Also on CourtListener

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