61 Ill. App. 3d 441 - Hardy v. Smith’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whether a minor aged 7 to 14 is con-tributorily negligent is also for the jury to determine taking into consideration the age, capacity, intelligence and experience of the child. (Maskaliunas v. Chicago of Western Indiana R. R. (1925), 318 Ill. 142 , 149 N.E. 23 ; Bertagnolli v. Ambler (1973), 10 Ill.App.3d 983 , 295 N.E.2d 279 .) A child between the ages of 7 and 14 is presumed to be free of contributory negligence. (Me We thy v. Lee (1971), 1 Ill.App.3d 80 , 272 N.E.2d 663 .) However, this rebuttable presumption only creates a prima facie case and once evidence opposing the presumption carries onto the case, the issue is determined on the basis of the evidence as if no presumption had ever existed. (Diederich v. Walters (1976), 65 Ill.2d 95 , 2 Ill.Dec. 685 , 357 N.E.2d 1128 ). If the trial court can say only one reasonable inference can be drawn from the facts, not only does the presumption cease to exist, but the question becomes one of law. Heimann v. Kinnare (1901), 190 Ill. 156 , 60 N.E. 215 .””

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