52 Ill. App. 2d 191 - Wrighthouse v. Brown’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`It is elementary that every party has the right to have the law applicable to his case stated fairly, clearly, distinctly and conveyed to the jury with substantial accuracy so that it may not be misled to the prejudice of the party (citing cases). He has the right to have the jury instructed upon his theories of recovery or defense (citing cases). Failure to give a party these rights which are tantamount to a fair and just trial, whenever the case is close upon its facts or the evidence conflicting, and the failure is material, requires that the verdict be set aside, the judgment reversed and the cause remanded for new trial.' Sims v. Chicago Transit Authority, 7 Ill. App.2d 21, 29, 30 , 129 NE2d 23 . Each party is entitled to have the court instruct the jury on his theory of the case, provided that there is an evidentiary basis for the instruction. `All that is required in order to justify the giving of an instruction is that there is some evidence in the record to support the theory set out in the instruction.' Biggerstaff v. New York, C. & St. L.R. Co., 13 Ill. App.2d 85, 94 , 141 NE2d 72 . `The law is well settled that each party to a cause of action is entitled to direct and specific instructions embracing his theory of the facts where his evidence tends to prove such facts.' Kirchner v. Kuhlman, 334 Ill. App. 339, 346 , 79 NE2d 628 . The issue of speed, as much as any other particular act of a party, is for the jury. Such an instruction calls upon the jury to examine ”

   1 later decision quote this exact passage
   e.g. 93 Ill. App. 2d 386 - Hitt v. Langel

2. “`(1) Is greater than is reasonable and proper with regard to traffic conditions and the use of the highway or endangers the safety of any person or property, or,”

   1 later decision quote this exact passage
   e.g. 93 Ill. App. 2d 386 - Hitt v. Langel

3. “There was in force in the State of Illinois at the time of the occurrence in question a certain statute which provided that:”

   1 later decision quote this exact passage
   e.g. 93 Ill. App. 2d 386 - Hitt v. Langel