13 Ill. App. 3d 127 - Foster v. Wills’s Empirical Analysis
1973
Citation profile
9
cited by 9 later decisions
1
states following
April 1987
most recently cited
9 state decisions
Relationships
Relies on Phillips v. Leininger · Thorworth v. Scheets · Van Amburg v. Reynolds · 15 Ill. 2d 83 - Taylor v. Wentz · 30 Ill. 2d 335 - The PEOPLE v. Waitkus
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* ° ° Where a roadway is shown to have been used and enjoyed by the public for the time required by the statute, a presumption arises that such grant or use was prescriptive, and the burden is on one denying the existence of a public highway to show that the use was under some license or indulgence inconsistent with the claim of the right by the public.””
2 later decisions quote this exact passage · from the majority““The test in determining whether a road has become a highway by user is whether or not the public, generally, had the free and unrestricted right in common, to use the road. Where a road has been shown to have been openly and notoriously used as an open public highway in common by all the people for the statutory period, it will be considered a public highway. [Citations.] In determining whether a strip of ground has become a public highway * * * the test is not the number of persons actually using it, but the character of the use, — that is, whether or not the public, generally, had the free and unrestricted right to use the road. [Citation.] Where a roadway is shown to have been used and enjoyed by the public for the time required by statute, a presumption arises that such grant or use was prescriptive, and the burden is on one denying the existence of a public highway to show that the use was under some license or indulgence inconsistent with the claim of right by the public.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.