20 Ill. 2d 280 - Lowrey v. Malkowski’s Empirical Analysis

Citation profile

5 federal appellate · 67 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Plaintiffs however, also argue that the trial court abused its discretion in refusing to permit them to file an amendment to their complaint after the original complaint was dismissed. The trial judge has broad discretion in permitting or refusing amendments and we will review only a manifest abuse of such discretion. (Deasey v. City of Chicago, 412 Ill. 151, 156 , 105 N.E.2d 727 ; Joyce v. Blankenship, 399 Ill. 136 , 77 N.E.2d 325 .) In the present case we are powerless to review the exercise of discretion by the trial judge, as plaintiffs have failed to incorporate the proffered amendment in their record on appeal. We must, therefore, assume that the refusal to permit such an amendment was not prejudicial to plaintiffs.””

   2 later decisions quote this exact passage · from the majority
   e.g. 93 Ill. App. 3d 788 - Sweetwood v. Mahoney · 244 Ill. App. 3d 1054 - Cassidy v. Derek Bryant Insurance Brokers, Ltd.

2. “"* * * the amount recovered in every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person and in every such action the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death * * *. The amount recovered in any such action shall be distributed by the court in which the cause is heard or, in the case of agreed settlement, by the county or probate court, as the case may be, to each of the widow and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person. * * * In any such action to recover damages where the wrongful act, neglect or default causing the death occurred on or after the effective date of this amendatory Act of 1955, it shall not be a defense that the death was caused in whole or in part by the contributory negligence of one or more of the beneficiaries on behalf of whom the action is brought. Provided, however, that the amount of damages given shall not include any compensation with reference to the pecuniary injuries resulting from such death, to such contributorily negligent person or persons; and provided further, that such contributorily negligent person or persons shall not share in any amount recovered in such action." 1955 Ill. Laws”

   1 later decision quote this exact passage · from the majority
   e.g. 73 Ill. 2d 58 - Wilbon v. D. F. Bast Co.

3. ““The Appellate Courts of this State have consistently held this special limitation of the Liquor Control Act applicable to minor plaintiffs. (Shelton v. Woolsey, 20 Ill. App. 2d 401, 405 , 156 N.E.2d 241 ; Steiskal v. Straus, 3 Ill. App. 2d 479 .) The United States Court of Appeals for the 7th Circuit also specifically found that the special limitation of the Liquor Control Act is applicable to minors in Seal v. American Legion Post No. 492, (7 Cir.) 245 F.2d 908 . Because of the plain language of the act, and the evident purpose of the limitation, we agree with the foregoing authorities. We know of no such compelling reason that should induce this court to engraft an exception onto the plain language of the act. We, therefore, hold that the present action involving minor plaintiffs, was required to be filed ‘within one year next after the cause of action accrued.’ ” (Lowrey, 20 Ill. 2d 280, 284 , 170 N.E.2d 147, 150 .)”

   1 later decision quote this exact passage · from the majority
   e.g. Demchuk v. Duplancich