42 Ill. App. 2d 96 - Gault v. Sideman’s Empirical Analysis

Citation profile

41 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`There are compelling arguments, then, as outlined in the foregoing, that a strong public policy permeates all aspects of any contractual arrangement between physician and patients and operates to lift it out of the field of discourse of ordinary commercial contracts. It operates to prevent the physician from escaping his responsibilities to the society he serves, and should operate, it is here contended, to protect the physician in the pursuit of his healing art against strict liability for the consequences of unguarded utterances and from the fertile imaginations of the fraudulently minded.'" Gault v. Sideman (1963), 42 Ill. App.2d 96, 109 , 191 N.E.2d 436, 443 .”

   1 later decision quote this exact passage · from the majority
   e.g. 112 Ill. App. 3d 593 - Martino v. Family Service Agency

2. “"It is an elementary rule of law that the issues in a case are formed by the pleadings and the allegations and proof must correspond, and a party cannot have relief under proof without allegations, nor under allegations without proof in support thereof. 'Accordingly a party must recover, if at all, on and according to the case he has made for himself in his pleadings, and he cannot make one case by his averments and have judgment on another and different ground without amendment, even though the different ground is established by the proof.’ ” Gault, 42 Ill. App. 2d at 104 , 191 N.E.2d at 440 , quoting 30 Ill. L. & Prac. Pleading § 215 (1957).”

   1 later decision quote this exact passage · from the majority
   e.g. 271 Ill. App. 3d 852 - Hall v. InPhoto Surveillance Co.

3. ““If the Illinois courts would consider enforceable a warranty by a physician (to cure a patient), it would be necessary to allege and prove the making of such a warranty and the plaintiff’s reliance thereon, and it would also be necessary, under the facts and circumstances of this case, to allege and prove a separate consideration.” (Gault v. Sideman (1963), 42 Ill. App. 2d 96 , 191 N.E.2d 436, 441 .)”

   1 later decision quote this exact passage · from the majority
   e.g. 77 Ill. App. 3d 895 - Carroll v. Grabavoy