63 Ill. App. 2d 148 - Schwartz v. Swan’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) In our opinion the provisions of the Civil Practice Act, as interpreted in Johnson v. Moon (supra) [ 121 N.E.2d 774 ] authorize the joinder of these defendants, since the complaint clearly asserts a liability arising out of the series of transactions alleged. Unless it can be determined with reasonable certainty to which occurrence plaintiff’s alleged injuries are attributable, the nature and severity of plaintiff’s injuries, and the extent to which each collision contributed thereto is a common question of fact. “(3) We are not impressed with the contention that the trial of the negligence issues in two comparatively simple fact situations would be beyond the comprehension of a jury. Juries try and determine fact issues in extremely complicated cases involving third party complaints, cross claims, counterclaims, multiple plaintiffs and defendants, with a high degree of perception. * * * Properly instructed, there is no reason to anticipate confusion of the jury, or prejudice to the rights of any of the parties.””

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Allen v. Yeaman · 209 Ill. App. 3d 378 - Poulakis v. Taylor Rental Center, Inc.

2. ““(a) Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in the controversy, or in any part thereof, or in the transaction or series of transactions out of which the controversy arose, or whom it is necessary to make a party for the complete determination or settlement of any question involved therein, or against whom a liability is asserted either jointly, severally or in the alternative arising out of the same transaction or series of transactions, regardless of the number of causes of action joined. (b) It is not necessary that each defendant be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him or her ***. (c) If the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, and state his or her claim against them in the alternative in the same count or plead separate counts in the alternative against different defendants, to the intent that the question which, if any, of the defendants is liable, and to what extent, may be determined as between the parties.” Ill. Rev. Stat. 1989, ch. 110, par. 2 — 405.”

   1 later decision quote this exact passage
   e.g. 246 Ill. App. 3d 538 - Hall v. Keating