W. E. O'Neil Construction Co. v. State, 7 Ill. Ct. Cl. 154 (1933)

March 6, 1933 · Illinois Court of Claims · No. 1810
7 Ill. Ct. Cl. 154

(No. 1810 —

W. E. O’Neil Construction Co., Claimant, vs. State of Illinois, Respondent.

Opinion filed March 6, 1933.

W. E. 0 ’Neil Construction Co., pro se.

Oscar E. Carlstrom, Attorney General; Carl Dietz, Assistant Attorney General, for respondent.

Mr. Justice Thomas

delivered the opinion of the court:

Claimant asks an award of $11,364.32 as extra compensation for the construction of the Naval Armory at Chicago. *155It charges that in building the armory it was put to extra expense, not contemplated, due- to delays on the part of the State and to rise in the water level of Lake Michigan. To the declaration the State has filed a plea of former adjudication.

The claimant filed a claim in this court, based on the same facts and circumstances as this, to the January term, 1930, and upon a hearing thereof the same was denied at the September term, 1930, and a rehearing denied November 12, 1930. (W. E. O’Neil Construction Co. vs. State, 6 Ct. Cl. 450.) The cause having once been heard and decided by this court will not be considered again.

The claim is denied and the case dismissed.