Skinner v. Morgan
Appellate Court of Illinois
Appeal from the County Court of Champaign County; the Hon. J. W. Langley, Judge, presiding. Statement of the ease by Conger, J. This ease was brought into the County Court of Champaign County by appeal from a Justice of the Peace, where appellee sued appellants and one Meibach, to recover for the loss of a steer alleged to have been killed by falling into an open ditch while being driven along the public road, in September, 1885. Defendants below became Commissioners of…
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Appeal from the County Court of Champaign County; the Hon. J. W. Langley, Judge, presiding. Statement of the ease by Conger, J. This ease was brought into the County Court of Champaign County by appeal from a Justice of the Peace, where appellee sued appellants and one Meibach, to recover for the loss of a steer alleged to have been killed by falling into an open ditch while being driven along the public road, in September, 1885. Defendants below became Commissioners of Highways of Tolono Township at the following dates: Cannon in 1883, Meibach in 1884, and Skinner in 1885. Before any of them…
1Opinion of the Court
Conger J.
Two questions arise upon this record: First, are Commissioners of Highways individually liable for an in,jury resulting to others from the negligent performance of their duties as such commissioners?
We think this question is settled in the affirmative in Teainey v. Smith, 86 Ill. 391, where the court say: “ The work of constructing or repairing a public highway is not a judicial but a ministerial act, and must be performed with a proper regard to individual rights as well as the public accommodation. Commissioners of Highways are only in a very limited sense judicial officers;…
2Cases cited3 opinions
- Tearney v. SmithIllinois Supreme Court · 1877
- Lachman v. DeischIllinois Supreme Court · 1873
- Chicago & Alton R. R. v. CalkinsAppellate Court of Illinois · 1885
3Cited by8 opinions
- Strong v. DaySupreme Court of Oklahoma · 1916
- Northrup v. SmothersAppellate Court of Illinois · 1891
- Gordon ex rel. Security Insurance v. CurrentAppellate Court of Illinois · 1931
- VanMiddlesworth v. HillAppellate Court of Illinois · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. McNuttAppellate Court of Illinois · 1907
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