284 Ill. App. 3d 739 - Whittaker v. Honegger’s Empirical Analysis
1996
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 2020
22 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 Village of Euclid Ohio v. Ambler Realty Co · 117 Ill. 2d 507 - Kirk v. Michael Reese Hospital & Medical Center · 142 Ill. 2d 42 - Ziemba v. Mierzwa · 144 Ill. 2d 535 - Gouge v. Central Illinois Public Service Co. · 156 Ill. 2d 166 - Colvin v. Hobart Bros.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A possessor of land who creates or permits to remain thereon an excavation or other artificial condition so near an existing highway that he realizes or should realize that it involves an unreasonable risk to others accidentally brought into contact with such condition while traveling with reasonable care upon the highway, is subject to liability for physical harm thereby caused to persons who (a) are travelling on the highway, or (b) foreseeably deviate from it in the ordinary course of travel.” Restatement (Second) of Torts § 368, at 268 (1965).”
1 later decision quote this exact passage · from the majority“foreseeability of harm, in connection with a duty, is not a magical concept that ignores common sense”). The highest court in Maryland was presented with virtually the same question now certified to us:”
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.