Opinion

Spring v. Toledo, Peoria & Western Railroad

69 Ill. 2d 290
13 Ill. Dec. 686
371 N.E.2d 621
1977 Ill. LEXIS 432

Court: Illinois Supreme Court
Filed: Nov 30, 1977
Status: Published
Author: Dooley
On the bench: Clark, Dooley, Underwood
Cited by: 11 cases
Authority: More cited than 0.3%

The opinion

MR. JUSTICE DOOLEY, specially concurring:

I agree with the judgment of the court.

But this case presents a compelling argument why we should abolish the archaic distinction between trespasser, licensee and invitee. The duty should be that of reasonable care under the circumstances, with foreseeability the measure of liability. See my dissent in Washington v. Atlantic Richfield Co. (1976), 66 Ill. 2d 103, 110 .

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