# Spring v. Toledo, Peoria & Western Railroad

> Illinois Supreme Court · November 30, 1977 · 69 Ill. 2d 290

URL: https://www.frixlaw.com/law-library/cases/9521194

## Case

- **Full name:** EILEEN I. SPRING, Indiv. and as Ex’r, Appellee, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY Et Al.—(Toledo, Peoria & Western Railroad Company, Appellant.)
- **Court:** Illinois Supreme Court
- **Decided:** November 30, 1977
- **Citations:** 69 Ill. 2d 290; 13 Ill. Dec. 686; 371 N.E.2d 621; 1977 Ill. LEXIS 432
- **Precedential status:** Published
- **Opinion:** Concurrence by Dooley
- **Judges:** Clark, Dooley, Underwood
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9521194

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9521194. Public record. Not legal advice.