{
  "id": 817834,
  "name": "The State Trustee of the Illinois and Michigan Canal v. Charles Daft",
  "name_abbreviation": "State Trustee of the Illinois & Michigan Canal v. Daft",
  "decision_date": "1870-09",
  "docket_number": "",
  "first_page": "121",
  "last_page": "122",
  "citations": [
    {
      "type": "official",
      "cite": "56 Ill. 121"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "48 Ill. 96",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5226790
      ],
      "opinion_index": -1,
      "case_paths": [
        "/ill/48/0096-01"
      ]
    },
    {
      "cite": "48 Ill. 96",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5226790
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/48/0096-01"
      ]
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  "analysis": {
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    "simhash": "1:984642daf810cd74",
    "word_count": 414
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  "last_updated": "2023-07-14T19:24:24.423395+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The State Trustee of the Illinois and Michigan Canal v. Charles Daft."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scott\ndelivered the opinion of the Court:\nThis was an action commenced in the Superior Court of Chicago, by the appellee, against the appellant, for alleged damages to appellee\u2019s canal boat, resulting from an insufficient aqueduct, which, it is averred, had been negligently left out of repair, the appellant knowing the same to be unsafe and dangerous.\nThe action was originally commenced against \u201cThe Board of Trustees of the Illinois and Michigan Canal,\u201d instead of the \u201c State Trustee,\u201d as in the present case.\nA trial was had in the first case on substantially the same evidence as is contained in the present record, which resulted in a verdict for the plaintiff!, on which the court rendered a judgment against the \u201cboard of trustees.\u201d\nFrom that judgment the \u201cboard of trustees\u201d prosecuted an appeal, and the cause came before this court at the September term, 1868, and the case is reported in 48 Ill. 96.\nIt was then held, on the evidence contained in the record, that the appellee was entitled to recover, but that the action was improperly brought against the \u201c board of trustees.\u201d The action should have been brought against the \u201c State trustee.\u201d The present action was, commenced, in conformity with the views expressed in that opinion, against the State trustee.\nWe are now asked by counsel to reconsider the former decision of this court. We have carefully done so, and we can perceive no good reason for changing the views then expressed. The question was fully discussed in the former opinion and there is now no necessity for discussing it again.\nHlo other objection is urged on the attention of the court, and the judgment must be affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Justice Scott"
      }
    ],
    "attorneys": [
      "'Mr. Isaac 3ST. Arnold, for the appellant.",
      "Messrs. Bae & Mitchell, for the appellee."
    ],
    "corrections": "",
    "head_matter": "The State Trustee of the Illinois and Michigan Canal v. Charles Daft.\n1. Negligence\u2014action for, will not lie against the hoard of trustees\u2014 must he brought against the State trustee. The ruling in the case of Trustees of the Illinois and Michigan, Oanal v. Daft, 48 Ill. 96, holding, in an action on the case brought against the board of trustees, to recover damages for the loss of a canal boat, occasioned, as alleged, by the negligence of the defendants, that the action was alone maintainable against the State trustee, and would not, therefore, lie against the defendants as a board of trustees, re-affirmed.\nAppeal from the Superior Court of Chicago.\nThe opinion states the case.\n'Mr. Isaac 3ST. Arnold, for the appellant.\nMessrs. Bae & Mitchell, for the appellee."
  },
  "file_name": "0121-01",
  "first_page_order": 123,
  "last_page_order": 124
}