24 Ill. App. 2d 417 - Wills v. Paul’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true . . . that the question of whether appellant assumed the danger . . . are ordinarily questions of fact for the jury to pass upon, yet where, as here, there is no conflict in the evidence it is the duty of the trial court to apply well recognized principles of law to the uncontradicted evidence and when that is done the only reasonable conclusion that can be arrived at from all the facts appearing in this record is that appellant assumed the hazard . . . knowingly exposed himself to that known danger and this precludes any recovery.””

   1 later decision quote this exact passage · from the majority
   e.g. 29 Ill. App. 2d 419 - Kelly v. Fletcher-Merna Co-Operative Grain Co.

2. ““. . . In determining whether the particular acts of a plaintiff constitute negligence, the test is not the frequency with which other men commit such acts but whether the plaintiff at the time of the occurrence, used that degree of care which an ordinarily careful person would have used for his own safety under like circumstances. . . .””

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