{
  "id": 5340311,
  "name": "James M. Carter, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Carter v. State",
  "decision_date": "1951-02-09",
  "docket_number": "No. 4253",
  "first_page": "213",
  "last_page": "216",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. Ct. Cl. 213"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 295,
    "char_count": 3911,
    "ocr_confidence": 0.578,
    "sha256": "4ded3de32260beb0fa39ab54fbe3c36f08d1302923989a4fe9aefb5a81908814",
    "simhash": "1:92ea97f7f703af96",
    "word_count": 666
  },
  "last_updated": "2023-07-14T22:49:12.522107+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James M. Carter, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Lansden, J.\nClaimant, James M. Carter, seeks to recover for the malpractice of a veterinarian employed by respondent to test claimant\u2019s herd of cattle for bovine infectious abortion commonly known as \u201cBovine Brucellosis\u201d or \u201cBang\u2019s Disease.\u201d\nThe Federal and State Governments cooperate to control and eradicate Bang\u2019s Disease, acting through their respective Departments of Agriculture. In Illinois, this program was started as the result of legislation in 1939, later extensively amended in both 1945 and 1949. Ill. Rev. Stat. 1949, Chap. 8, Secs. 134-148a.\nAccredited veterinarians are employed and paid by respondent to administer the tests' for Bang\u2019s Disease to herds of cattle, the owners of which apply therefor to either Department of Agriculture.\nClaimant had, prior to 1949, applied for such tests, and, at the time of the occurrence out of which this action arose, his herd was subject to annual testing. Such tests were to be made at claimant\u2019s farm near Hudson, McLean County, Hlinois.\nThe test for Bang\u2019s Disease consists of the insertion of a blood needle into the jugular vein of a cow, withdrawing a blood sample, placing such sample in a sterile tube, and then sending the tube to a- licensed laboratory, where the approved \u201cagglutination test\u201d is completed.\nOn March 1, 1949, claimant\u2019s herd was tested by Dr. Q. J. Kruger, one of respondent\u2019s veterinarians, and found, after laboratory analysis of blood samples, to be free of Bang\u2019s Disease.\nHowever, on April 28, 1949, an assistant to another of respondent\u2019s veterinarians, Dr. 0. M. Buck, came to claimant\u2019s farm, and informed him that Dr. Buck would test his herd the next day for both tuberculosis and Bang\u2019s Disease. Claimant was requested to have his cattle in his barn when Dr. Buck arrived.\nWhen Dr. Buck and his assistant arrived at claimant\u2019s farm the next morning, they went directly to the barn, and started the tests in the absence of claimant, who was in his fields working. By the' time claimant got to the barn most of the cattle had been tested, and, although claimant informed Dr. Buck of the recent tests by Dr. Kruger, Dr. Buck tested the entire herd.\nOne of the cows tested by Dr. Buck, subsequent to the arrival of claimant on the scene, was a 3 year old grade Brown Swiss named \u201cElsie.\u201d\nCattle tested for Bang\u2019s Disease are required to have ear tags. Although there is some dispute in the record as to what number was on Elsie\u2019s ear tag, claimant was positive that she was tested on both dates, and that she was tested by Dr. Buck after claimant arrived at the barn.\nAlthough two tests for Bang\u2019s Disease within sixty days do not endanger or hurt cattle, when Dr. Buck learned of the previous test, he apparently hurried through the testing of the other cattle, one. of which was Elsie.\nWithin a \"day or so, Elsie developed a severe swelling on her neck extending from her mouth to her brisket. The center of this swelling was the point at which Dr. Ruck inserted the blood needle. On May 2, 1949, Elsie died.\nDr. Kruger, who had been called by claimant to treat Elsie, arrived shortly after her death. He testified at the hearing before Commissioner Wise, without objection, that her death was due to a malignant edema, which resulted from the insertion of the blood needle without the taking of the proper sanitary precautions by Dr. Ruck.\nThe foregoing facts make out a case of negligence for which respondent is liable under Section 8(c) of the Court of Claims Act.\nThe evidence as to the value of Elsie is undisputed, and shows that she Was worth $375.00.\nAn award is, therefore, entered in favor of claimant, James M. Carter, for the sum of $375.00.",
        "type": "majority",
        "author": "Lansden, J."
      }
    ],
    "attorneys": [
      "Chalmer C. Taylor and Whedon Slater, Attorneys for Claimant.",
      "Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4253\nJames M. Carter, Claimant, vs. State of Illinois, Respondent.\nOpinion filed February 9, 1951.\nChalmer C. Taylor and Whedon Slater, Attorneys for Claimant.\nIvan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0213-01",
  "first_page_order": 237,
  "last_page_order": 240
}