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90_HB1789
220 ILCS 5/5-201 from Ch. 111 2/3, par. 5-201
Amends the Public Utilities Act. Adds a caption to a
Section concerning a utility's liability for civil damages.
LRB9001648JSgc
LRB9001648JSgc
1 AN ACT to amend the Public Utilities Act by changing
2 Section 5-201.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Section 5-201 as follows:
7 (220 ILCS 5/5-201) (from Ch. 111 2/3, par. 5-201)
8 Sec. 5-201. Civil damages. In case any public utility
9 shall do, cause to be done or permit to be done any act,
10 matter or thing prohibited, forbidden or declared to be
11 unlawful, or shall omit to do any act, matter or thing
12 required to be done either by any provisions of this Act or
13 any rule, regulation, order or decision of the Commission,
14 issued under authority of this Act, the public utility shall
15 be liable to the persons or corporations affected thereby for
16 all loss, damages or injury caused thereby or resulting
17 therefrom, and if the court shall find that the act or
18 omission was wilful, the court may in addition to the actual
19 damages, award damages for the sake of example and by the way
20 of punishment. An action to recover for such loss, damage or
21 injury may be brought in the circuit court by any person or
22 corporation.
23 In every case of a recovery of damages by any person or
24 corporation under the provisions of this Section, the
25 plaintiff shall be entitled to a reasonable attorney's fee to
26 be fixed by the court, which fee shall be taxed and collected
27 as part of the costs in the case.
28 No recovery as in this Section provided shall in any
29 manner affect a recovery by the State of the penalties in
30 this Act provided.
31 (Source: P.A. 84-617.)