15 Ill. App. 2d 369 - Rust v. Holland’s Empirical Analysis
1990
Citation profile
3 federal appellate · 12 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 1987
3 federal appellate · 12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gulf, Colorado & Santa Fe Railway Co. v. McGinnis · Howlett v. Doglio · 11 Ill. App. 2d 177 - Robertson v. White · Bauer & Black v. Industrial Commission · 92 Ind. App. 456 - King v. Illinois Steel Corp.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the construction of section 2 of the Wrongful Death Act [Ill. Rev. Stat. 1953, c. 70, §2] as it existed prior to the amendment made to it by the legislature in 1955, it was held that lineal next of kin were presumed, in a wrongful death case, to have suffered a pecuniary loss entitling them to substantial damages without proof of actual loss, and that this presumption was a substantive element added by the courts by construction to the wrongful death act. [Citations.] The legislature, by the 1955 amendment made to section 2, intended to change the manner of the distribution of the proceeds arising out of a wrongful death action. Prior to the amendment, the amount recovered through suit, or by settlement, was distributed as intestate property among the decedent’s widow and next of kin. Now the statute provides that the amount recovered by suit or settlement, is to be distributed on the basis of the actual dependency ‘of the widow and next of kin of such deceased person in the proportion as determined by the court.’ The word ‘dependency’ implies a present existing relation between two persons where one is sustained by another or looks to or relies on the aid of another for support or for reasonable necessaries consistent with the dependent’s position in life. [Citations.]” 15 Ill. App. 2d 369, 373-74 , 146 N.E.2d 82, 84 . “Under section 2 as it existed prior to the amendment, an adult married child who was in no way dependent upon his father shared equally with minor childr”
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.