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73 Ill. 389

Kimball v. Custer

Illinois Supreme Court

Decided September 15, 1874

Illinois Supreme Court · decided 1874-09-15

<p>Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding.</p>

Relies on Allen v. Crofoot

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-15

How this case has been cited

Cited by 5 later decisions — most recently May 1971

5 state decisions

1018741880189019001910192019301940195019601970decided

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.

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Mr. Justice McAllister,

¶1dissenting:

¶2In my judgment, the instruction for appellee set out in the opinion of the majority of the court is clearly erroneous. It tells the jury that an abuse of a license given by a party renders the licensee a trespasser from the beginning. Such a consequence follows only from abuse of authority given by the law. Allen v. Crowfoot, 5 Wend. 506.

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