Arado v. Epstein’s Empirical Analysis
1944
Citation profile
3 federal appellate · 13 state decisions
How this case has been cited
Cited by 16 later decisions — most recently February 1990
3 federal appellate · 13 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 North Chicago Street Railway Co. v. Cotton · Reivitz v. Chicago Rapid Transit Co. · Devine v. Delano · Hunter v. Troup · Postal Telegraph-Cable Co. v. Likes
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is a very ancient and salutary principle of law, that where one has charge or management of a thing in connection with which an accident happens, which in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of proper care; that in case of such an accident the duty of explanation is thrown upon those having charge of the thing, particularly when information concerning the thing itself is within the particular or peculiar knowledge of the defendant.””
2 later decisions quote this exact passage · from the majority““ ‘ “A motion to instruct the jury to find for the defendant is in the nature of a demurrer to the evidence, and the rule is that the evidence so demurred to, in its aspect most favorable to the plaintiff, together with all reasonable inferences arising therefrom, must be taken most strongly in favor of the plaintiff. The evidence is not weighed, and all contradictory evidence or explanatory circumstances must be rejected. The question presented on such motion is whether there is any evidence fairly tending to prove the plaintiff’s declaration. In reviewing the action of the court of which complaint is made we do not weigh the evidence, — we can look only at that which is favorable to appellant. [Citations.]” [Citation.]’ [Citations.]” Arado v. Epstein (1944), 323 Ill. App. 194, 197 .”
1 later decision quote this exact passage · from the majority““ ‘Even if it be admitted that the presumption is one of negligence generally and not of any specific negligence; we think it sufficient to throw upon the defendant the burden of rebutting the specific negligence alleged. ’ - In other words, the knowledge of the facts being possessed only by the defendant, it must reveal them and show that it is not guilty of the specific negligence charged, or verdict must go against it.””
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.