Steele v. County of Randolph

Citations

• 63 Ill. 460

Syllabus

<p>Construction op the act op 1869—providing for the opening of a State road in the counties of Jackson, Perry and Randolph. By the act of March 30th, 1869, (Laws of 1869, page 390,) three commissioners were appointed to locate, survey and open a State road which would be partly in each of the three counties of Jackson, Perry and Randolph. Section 6 of the act provides that $4 per day to the commissioners and all expenses for locating, surveying and opening the road, “shall be paid out of the county treasuries of the counties of Jackson, Perry and Randolph, in proportion, as near as may be, to the extent of said road situated in each of said.counties:” Held, in an action of assumpsit by one of the commissioners against Randolph county to recover for six days services performed as such commissioner upon that portion of the road located in such county, that the plaintiff, by proof that his services were performed on such portion of the road, did not establish a right to recover, as payment by such county for expenditures made upon the road in proportion as near as might be to the extent of the road situated in that county, as required by the sixth section of the act, might impose a quite different measure of liability from that of paying for all the work upon the portion of the road lying in that county.</p>