99 Ill. App. 2d 146 - Ruby v. Wayman’s Empirical Analysis

Citation profile

91 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The principles applicable to a motion for summary judgment under section 57 of the Civil Practice Act (Ill. Rev. Stat. 1967, ch. 110, par. 57) are well defined. Summary judgment is a procedure to be encouraged (Allen v. Meyer, 14 Ill.2d 284, 292 , 152 N.E.2d 576 (1958)); however, it is a remedy to be awarded with some caution so as not to preempt the right to a trial by jury or the right to fully present the factual basis for a case where a material dispute may exist. Solone v. Reck, 32 Ill. App.2d 308, 310, 311 , 177 N.E.2d 879 (1961); Tezak v. Cooper, 24 Ill. App.2d 356, 362, 363 , 164 N.E.2d 493 (1960). Section 57 provides that a summary judgment should be rendered if the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment or decree as a matter of law. Courts have construed this section to mean that in determining if there is a genuine issue, inferences may be drawn from the facts which are not in dispute, and if fair-minded persons could draw different inferences from these facts, then a triable issue exists. Peirce v. Conant, 47 Ill. App.2d 294, 300 , 198 N.E.2d 555 (1964). In making the above determination on a motion for summary judgment, the court must construe the pleadings, depositions and affidavits most strictly against the moving party and most liberally in favor of the opponent. Solone v. Reck, supra., 311 . A summary ”

   9 later decisions quote this exact passage · from the majority
   e.g. 104 Ill. App. 2d 80 - Lumbermens Mutual Casualty Co. v. Poths · 2 Ill. App. 3d 224 - Stifel, Nicolaus & Co. v. Coloia

2. ““[Summary judgment] is a remedy to be awarded with some caution so as not to preempt the right to a trial by jury or the right to fully present the factual basis for a case where a material dispute may exist.” Lumbermens Mutual Casualty Co. v. Poths, 104 Ill. App. 2d 80, 87 , 243 N.E.2d 40, 44-45 ; Ruby v. Wayman, 99 Ill. App. 2d 146, 149-50 , 240 N.E.2d 699, 700 (2d Dist. 1968).”

   2 later decisions quote this exact passage · from the majority
   e.g. 64 Ill. App. 3d 495 - Frey v. Belleville News-Democrat, Inc. · 11 Ill. App. 3d 952 - Washington v. Draper and Kramer, Inc.

3. ““* * * the issue, in the summary judgment case at bar, is not whether the plaintiff could ever establish freedom from contributory negligence. The issue is whether there is a dispute as to material facts; and if the material facts are not in dispute, then the issue is whether reasonable minded persons might draw different inferences from such facts. In either event, a triable issue exists and a motion for summary judgment should not be granted.” A similar conclusion is appropriate in the instant case.”

   1 later decision quote this exact passage · from the majority
   e.g. 47 Ill. App. 3d 892 - Armagast v. Medici Gallery & Coffee House, Inc.