Case law

Marsh v. Astoria Lodge No. 112

27 Ill. 421 · Illinois Supreme Court · Jan 15, 1862

It establishes the fact of the existence of such a lodge, No. 112, but the plea goes further, and questions the right of the lodge to sue, in the name it has sued. … However just, and clearly established, is the defendant’s liability in this case, yet, as the suit is not brought by the parties entitled to sue as plaintiffs, we are compelled to reverse the judgment.

Harinak v. City of Chicago

Illinois Supreme Court · Feb 20, 1998

Under these standards, the fire marshal's conduct described in the complaint clearly constituted an exercise of discretion. … The special duty exception to sovereign immunity is a well-established doctrine that has been consistently recognized by our court and by the appellate court in the decades following promulgation of the Tort Immunity Act

Ries v. City of Chicago

242 Ill. 2d 205 · Illinois Supreme Court · Feb 25, 2011

Clearly, Lowe was an escaping prisoner as defined by the Tort Immunity Act. … We agree with the City that this is mere semantics designed to avoid a clearly applicable immunity.

Christen v. County of Winnebago

34 Ill. 2d 617 · Illinois Supreme Court · Jun 16, 1966

the findings of the General Assembly as to the need for improved facilities for governmental operations generally, and the reports of the Judicial Conference committees with respect to courtrooms and related facilities, clearly … establish a critical need for improved facilities in most of the 102 counties in the State, they do not establish that the need is any greater in the counties included within the statutory limits than in other counties.

Gravander v. City of Chicago

399 Ill. 381 · Illinois Supreme Court · Mar 18, 1948

It is safe to say the line between municipal operations that are proprietary and therefore a proper subject of suits in tort, and those that are governmental and therefore immune from such suits, is not clearly defined. … Ct. 534, “The basis of the distinction is difficult to state, and there is no established rule for the determination of what belongs to the one or the other class. It originated with the courts.

Dawkins v. Fitness International, LLC

2022 IL 127561 · Illinois Supreme Court · May 19, 2022

who refused to use the AED, and did so in a willful and wanton manner, would be immunized. … Fitness relied upon the statutory language to argue it was immune from liability and had no duty.

First National Bank v. City of Aurora

71 Ill. 2d 1 · Illinois Supreme Court · Jan 20, 1978

The trial court made much of the immunity of governmental units in tort actions. … This court has clearly established the rule that once a governmental unit “adopts a plan in the making of public improvements,” it owes a duty to a plaintiff to maintain those improvements. (Johnston v.

The People v. Matthews

18 Ill. 2d 164 · Illinois Supreme Court · Nov 18, 1959

Repeated questioning on cross-examination only served to bring out this fact more clearly. … establish that the narcotics were in the immediate and exclusive control of the defendant.

Corbett v. County of Lake

2017 IL 121536 · Illinois Supreme Court · Aug 15, 2018

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material fact and that the moving … But dissecting an individual word or phrase from a statutory provision and mechanically applying to it a dictionary definition is clearly not the best way of ascertaining legislative intent. See Whelan v.

People v. Allen

2015 IL 113135 · Illinois Supreme Court · Jun 26, 2015

The appellate court also rejected an argument by defendant that, even if the Langford statement did not qualify as an affidavit, it would still qualify as “other evidence,” reasoning that allowing a failed affidavit … to qualify as “other evidence” would make the requirement of an affidavit surplus.

Bridgewater v. Hotz

51 Ill. 2d 103 · Illinois Supreme Court · Mar 30, 1972

Section 7 — 1.01 of the Election Code provides that in any county that has been divided into county board districts in accordance with the County Board Act, the county board may, by resolution, provide that established political … Sound rules of construction require that in those instances in which this court, prior to the adoption of the constitution of 1970, has defined a term found therein, that it be given the same definition, unless it is clearly

Lorton v. Brown County Community Unit School District No. 1

35 Ill. 2d 362 · Illinois Supreme Court · Sep 23, 1966

contest the validity of the monetary limitation of the statute, for in neither the original nor the amended complaints does she seek to recover more than the maximum amount recoverable thereunder, and “One of the most firmly established … Clearly where, as here, the legislation, in question specifically provides for severability should any section of the act be held unconstitutional (111. Rev.

Lazenby v. Mark's Construction, Inc.

236 Ill. 2d 83 · Illinois Supreme Court · Jan 22, 2010

In the statute at issue, the legislature clearly expressed its intent that the statute be given retroactive effect. … The immunity provided by the fireman’s rule is similar to the immunity found to be a “vested right” in Henrich.

The PEOPLE v. Mason

28 Ill. 2d 396 · Illinois Supreme Court · Sep 27, 1963

This question called for an answer the witness was not qualified to give and prejudicially inferred to the jury that the State was duty-bound to call the informer as a witness. … However, the widest latitude should generally be allowed the defendant in cross-examination for the purpose of establishing bias. (People v. Naujokas, 25 Ill.2d 32 .)

Unzicker v. Kraft Food Ingredients Corp.

203 Ill. 2d 64 · Illinois Supreme Court · Nov 21, 2002

The potential for tort liability exists until the defense is established. … Additionally, the legislation amended the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1 — 101 et seq. (West 2000)) to expand the scope of immunities provided to local public entities.

Boub v. Township of Wayne

Illinois Supreme Court · Oct 22, 1998

Immunity Act). … We do not construe Marshall as establishing that historical practice alone is sufficient to make a particular use of public property an intended one.

People v. Diekmann

285 Ill. 97 · Illinois Supreme Court · Oct 21, 1918

The purpose of the act in question is, as shown in the title thereof, to conserve fish, game and wild fowl, and as such clearly lies within legislative province. (People v. Bridges, 142 Ill. 30 .) … Appellant does not attempt to suggest the necessary steps whereby a preserve might be established nor suggest to this court the necessary steps omitted to be done by the commission.

People ex rel. Smith v. Common Council

84 Ill. 157 · Illinois Supreme Court · Sep 15, 1876

amendatory thereof, in force February 16, 1859, that one judge should be elected by the qualified electors of the two cities, for both courts. … The person so elected was to hold his office until his successor should he elected and qualified.

People v. Newmark

312 Ill. 625 · Illinois Supreme Court · Jun 17, 1924

Spain, supra,) but if the proposed evidence has a tendency to incriminate the witness or to establish a link in the chain of evidence which may lead to his conviction, or if the proposed evidence will disclose the names of … We are clearly of the opinion that no statute which leaves the witness subject to prosecution after he answers the incriminating question put to him can have the effect of supplanting the constitutional guaranty.

Corbett v. The County of Lake

104 N.E.3d 389 · Illinois Supreme Court · Nov 30, 2017

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as … But dissecting an individual word or phrase from a statutory provision and mechanically applying to it a dictionary definition is clearly not the best way of ascertaining legislative intent. See Whelan v.