Hollenbeck v. County of Winnebago

Citations

• 95 Ill. 148
• 1880 Ill. LEXIS 159

Syllabus

<p>1. Municipal cobpobations—liability to private action for negligence. At common law a private 'action will not lie against a county for injuries occasioned by the negligence of its servants or officers in respect of the performance or non-performance of their duties. And there is no distinction, in the application of this rule, between the neglecting to do or perform an act which ought to have been performed, and the performance of the duty in a negligent manner.</p> <p>2. Nor has the statute provided any such remedy, or declared any liability on the part of a county in that regard.</p> <p>3. Negligence—pleading—liability of individuals for negligence in the erection of a public building. While it is doubtless true that where a person, who is employed as a laborer in the erection of a building, receives a personal injury through the negligence of the owner or person who has the exclusive charge of the erection of the building and furnishing of materials therefor, he may recover for such injury as against such owner or person, he having himself exercised due care to guard against the danger,—yet, in order to avail of the remedy, it must appear that the person thus sought to be held liable had such an exclusive control over the erection of the building in respect to the plan of the structure, the materials to be used, etc., as would have enabled him to avoid or avert the danger.</p> <p>4. So, where a county, engaged in the erection of a court house, appointed, through its county hoard, a building committee, consisting of several persons, and also appointed a superintendent, giving to the committee and to the superintendent certain powers and imposing upon them certain duties, in respect of the construction of the building, and while the building was in process of erection a portion of it fell and killed one of the men employed upon the work, in an action by the administrator of the workman killed, against the county, the building committee, and the superintendent,