10 Ill. App. 2d 289 - Dillon v. Nathan’s Empirical Analysis

Citation profile

33 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(b) Where the injury or death for which compensation is payable under this Act was caused under circumstances creating a legal liability for damages on the part of some person other than his employer to pay damages, then legal proceedings may be taken against such other person to recover damages notwithstanding such employer’s payment of or liability to pay compensation under this Act. In such case, however, if the action against such other person is brought by the injured employee or his personal representative and judgment is obtained and paid, or settlement is made with such other person, either with or without suit, then from the amount received by such employee or personal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee or personal representative * s”

   4 later decisions quote this exact passage · from the majority
   e.g. 100 Ill. App. 3d 100 - Gramse v. Royal Crest Enterprises, Inc. · People ex rel. Illinois State Police v. Hamm

2. ““The phraseology ‘personal representative’ as used in that subparagraph (b) with respect to suits against third parties, amounts received therein, and workmen’s compensation payments received, which the appellants argue means and includes a widow or child of a deceased employee, has, we believe, instead, its ordinary, commonly accepted meaning and connotation, and means simply the administrator, or executor, or party in like official capacity, of a deceased employee, or the conservator or guardian of an incompetent or minor employee, there being nothing in the context or surrounding circumstances to indicate a contrary intention. See: Johnson v. Van Epps, 1884, 110 Ill. 551 . Elsewhere in the Workmen’s Compensation Act the terminology ‘personal representative’ or ‘legal representative’ is used in various places in connection with and as clearly distinct from widow, children, beneficiaries, heirs, or next of kin, and as clearly meaning the official representative of a deceased or incompetent or minor employee: Ch. 48, Ill. Rev. Stats., 1953, para. 138.1(b)!, 138.6(b), 138.7(i), 138.9, 138.19(j), 138.23. There is no reason to believe ‘personal representative’ as used in par. 138.5 means any thing different from what it means elsewhere in the Act or anything other than, as it usually dbes, the administrator, executor, or party in like official capacity, of a deceased employee, or the conservator or guardian of an incompetent or minor employee.” ( 10 Ill. App. 2d 289, 297 , 135 N”

   1 later decision quote this exact passage · from the majority
   e.g. 76 Ill. App. 3d 898 - Prince v. Atchison, Topeka & Santa Fe Railway Co.