Kitto v. Wattleworth, Gen. No. 11264

CourtUnited States Appellate Court of Illinois
Writing for the CourtDOVE; McNEAL, P. J., and SPIVEY
Citation24 Ill.App.2d 484,164 N.E.2d 817
Docket NumberGen. No. 11264
Decision Date19 February 1960
PartiesGeorge KITTO, as administrator of the Estate of Helen Kitto, Deceased; George Kitto, as administrator of the Estate of Arlene Kitto, Deceased and Roberta Kitto and Donna Kitto, minor daughters of Helen Kitto, Deceased, by George Kitto, their father and next friend, Plaintiffs-Appellants, v. Charles WATTLEWORTH, individually and as County Superintendent of Highways, Jo Daviess County, Illinois, and Leonard Hall, individually and as Road Commissioner for the Township of East Galena In Jo Daviess County, Illinois, Defendants-Appellees.

Page 817

164 N.E.2d 817
24 Ill.App.2d 484
George KITTO, as administrator of the Estate of Helen Kitto,
Deceased; George Kitto, as administrator of the Estate of
Arlene Kitto, Deceased and Roberta Kitto and Donna Kitto,
minor daughters of Helen Kitto, Deceased, by George Kitto,
their father and next friend, Plaintiffs-Appellants,
v.
Charles WATTLEWORTH, individually and as County
Superintendent of Highways, Jo Daviess County, Illinois, and
Leonard Hall, individually and as Road Commissioner for the
Township of East Galena In Jo Daviess County, Illinois,
Defendants-Appellees.
Gen. No. 11264.
Appellate Court of Illinois, Second District, First Division.
Feb. 19, 1960.
Rehearing Denied March 14, 1960.

[24 Ill.App.2d 485] Knight, Ingrassia, Bourland & Roszkowski, Rockford, for appellants.

Harold D. Nagel, Stockton, Nack & Nack, Galena, for appellees.

DOVE, Justice.

This is an eight count complaint. By the first count the personal representative of Helen Kitto, deceased, seeks to recover damages from Charles Wattleworth, individually and as County Superintendent of Highways of Jo Daviess County, Illinois, for the alleged wrongful death of his intestate. This count alleged that on the afternoon of December 29, 1957, the said Helen Kitto, accompanied by her children, Arlene, Roberta and Donna, was driving a Ford Sedan in a southeasterly direction, along a gravel surfaced road, known as 'Muddy Hollow' road, in Jo Daviess County, Illinois, approximately one-fourth of a mile southeast of Galena.

This count then alleged that this road was much used for travel by automobiles and other vehicles, which was well known to defendant; that the car Helen Kitto was driving on this occasion slipped and skidded on ice which had formed on the surface of the highway causing said motor vehicle to plunge off the roadway, at a point where a stone bridge or culvert was located, overturn and fall fifteen feet into a ditch or creek located at that point.

[24 Ill.App.2d 486] This count then alleged that the defendant, Charles Wattleworth was the duly appointed County Superintendent of Highways of Jo Daviess County and averred that it was his duty to properly inspect and maintain the road, its bridges and abutments. It was then charged that defendant, notwithstanding said duty, was guilty of one or more of the following acts and omissions; (a) permitted the roadway at said point, to remain in a wet and slippery condition; (b) failed to have the surface of said road covered with asphaltum, cinders, gravel or other substance which would have prevented the road from being slippery

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when wet; (c) failed to give any notice or warning to motorists using said roadway that the surface thereof was slippery when wet; (d) failed to erect a guard rail, fence or barrier to prevent motor vehicles from falling off of said bridge or culvert; (e) allowed the bridge and fence to deteriorate so that no protection was provided to prevent automobiles from going over and falling off of said bridge; (f) failed to give proper, if any, notice, signal or warning, to motorists using said roadway, that there was no fence, guard rail or barrier to prevent automobiles from falling off of said bridge; (g) permitted said roadway and bridge to remain in said condition for a long period of time and (h) failed to properly inspect and maintain said roadway, guard rail and bridge contrary to the statute. (Ill.Rev.St.1957, Chap. 121, sec. 56.1)

This count then averred that at the time of the occurrence and prior thereto decedent was in the exercise of due care for the safety of her person and property and that her next of kin were also in the exercise of due care and caution for the safety of said decedent. It was then charged that as a direct and proximate result of the aforesaid negligence of the defendant, the said Helen Kitto sustained injuries [24 Ill.App.2d 487] from which she died on December 29, 1957, leaving her husband and two minor children, her next of kin, her surviving.

Count two sought a recovery for the alleged wrongful death of plaintiff's intestate, Arlene Kitto, a minor. Count three sought a recovery for the personal injuries which Roberta Kitto, allegedly received upon the occasion in question and count four sought a recovery for the injuries, Donna Kitto, also a minor, allegedly received. Each count was directed against Wattleworth, individually and as County Superintendent of Highways and each count charged the same negligent acts and omissions and contained the same allegations of the duty of the defendant as count one.

By count five the personal representative of Helen Kitto, deceased, sought a recovery against Leonard Hall, individually and as Road Commissioner for the township of East Galena for the alleged wrongful death of this intestate. By count six a recovery was sought by the personal representative of Arlene Kitto, deceased, against said Hall, individually and as Road Commissioner for her alleged wrongful death. By count seven Roberta Kitto sought to recover from Hall, individually and as Road Commissioner for the personal injuries she received upon the occasion in question and in the eighth count, Donna Kitto sought to recover from Hall, individually and as Road Commissioner, for the personal injuries sustained by her upon this occasion. Each of these four counts alleged the same negligent acts and omissions and each count contained the same averments as to the duty of the defendant as count one. The trial court sustained the motions of the several defendants to dismiss on the ground that the doctrine of governmental immunity applied and from an appropriate final judgment...

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4 practice notes
  • Horton v. City of Ottawa, No. 74--420
    • United States
    • United States Appellate Court of Illinois
    • July 21, 1976
    ...273 N.E.2d 633; Lusietto v. Kingan (3d Dist. 1969), 107 Ill.App.2d 239, 246 N.E.2d 24. Contra: Kitto v. Wattleworth (2d Dist. 1960), 24 Ill.App.2d 484, 164 N.E.2d 817. None of these cases was decided under the tort immunity Defendant argues that, under both the statute and case law, the off......
  • Lusietto v. Kingan, Gen. No. 68--46
    • United States
    • United States Appellate Court of Illinois
    • March 18, 1969
    ...'* * * and the reason for quasi-judicial immunity remains.' The plaintiff has called our attention to the case of Kitto v. Wattleworth, 24 Ill.App.2d 484, 164 N.E.2d 817. In that case an action was brought against a Township Road Commissioner and a County Superintendent Page 28 of Highways,......
  • Ten Eicken v. Johnson, Gen. No. 54200
    • United States
    • United States Appellate Court of Illinois
    • August 20, 1971
    ...of discretion in the performance of their duties or policy-making functions. The case relied on by plaintiff is Kitto v. Wattleworth, 24 Ill.App.2d 484, 494, 164 N.E.2d 817 (1960), in which the Second District Appellate Court held that a County Superintendent of Highways and a Road Commissi......
  • Hintz v. Jamison, No. 83-1503
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 10, 1984
    ...of Marengo Township, 93 Ill.App.2d 89, 235 N.E.2d 13 (1968) (public officials not immune after Molitor ) and Kitto v. Wattleworth, 24 Ill.App.2d 484, 164 N.E.2d 817 (1960) (same) with Ten Eicken v. Johnson, 1 Ill.App.3d 165, 273 N.E.2d 633 (1971) (Molitor did not destroy public official imm......
4 cases
  • Horton v. City of Ottawa, 74--420
    • United States
    • United States Appellate Court of Illinois
    • July 21, 1976
    ...273 N.E.2d 633; Lusietto v. Kingan (3d Dist. 1969), 107 Ill.App.2d 239, 246 N.E.2d 24. Contra: Kitto v. Wattleworth (2d Dist. 1960), 24 Ill.App.2d 484, 164 N.E.2d 817. None of these cases was decided under the tort immunity Defendant argues that, under both the statute and case law, the off......
  • Lusietto v. Kingan, Gen. No. 68--46
    • United States
    • United States Appellate Court of Illinois
    • March 18, 1969
    ...'* * * and the reason for quasi-judicial immunity remains.' The plaintiff has called our attention to the case of Kitto v. Wattleworth, 24 Ill.App.2d 484, 164 N.E.2d 817. In that case an action was brought against a Township Road Commissioner and a County Superintendent Page 28 of Highways,......
  • Ten Eicken v. Johnson, Gen. No. 54200
    • United States
    • United States Appellate Court of Illinois
    • August 20, 1971
    ...of discretion in the performance of their duties or policy-making functions. The case relied on by plaintiff is Kitto v. Wattleworth, 24 Ill.App.2d 484, 494, 164 N.E.2d 817 (1960), in which the Second District Appellate Court held that a County Superintendent of Highways and a Road Commissi......
  • Hintz v. Jamison, 83-1503
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 10, 1984
    ...of Marengo Township, 93 Ill.App.2d 89, 235 N.E.2d 13 (1968) (public officials not immune after Molitor ) and Kitto v. Wattleworth, 24 Ill.App.2d 484, 164 N.E.2d 817 (1960) (same) with Ten Eicken v. Johnson, 1 Ill.App.3d 165, 273 N.E.2d 633 (1971) (Molitor did not destroy public official imm......

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