Symonds v. Board of Supervisors

Citations

• 71 Ill. 355

Syllabus

<p>1. Counties—not liable for negligence of their agents or servants. The general rule of law, that the superior or emplo)rer must answer civilly for the negligence or want of skill of his agent or servant in the course or line of his employment, by which another is injured, does not apply to counties. The}' stand on a different footing, in this respect,from individuals and private corporations, and from municipal corporations proper, such as cities or towns, acting under charters or incorporating statutes.</p> <p>2. Counties are involuntary quasi corporations, being political or civil divisions of the State, created by general laws, to aid in the administration of the government. The statute prescribes all their duties, and imposes all the liabilities to which they are subject, and, unless made so by express legislative enactment, they are not liable to persons injured by the wrongful neglect of duty or wrongful acts of their officers or agents, done in the course of the execution of corporate powers or in the performance of corporate duties. And the rule is the same in respect to such other organizations as townships, school districts, and road districts.</p> <p>3. So, where the authorities of a county employed an agent to carry on its poor-farm, and clear up a portion of it, which was in brush, and the agent, in burning the brush, carelessly or negligently permitted the fire to communicate with an adjoining farm, whereby the owner thereof sustained damage, it was held, that the county was not liable.</p>