Case law

People v. McClanahan

191 Ill. 2d 127 · Illinois Supreme Court · Apr 20, 2000

Essentially, the preparer of the report merely has to attest that he or she is qualified to conduct the test and that he or she used due caution and acted within established procedures. … “Waiver of a constitutional right is valid only if it is clearly established that there was ‘an intentional relinquishment or abandonment of a known right ***.’ ” People v.

Robertson v. Brost

83 Ill. 116 · Illinois Supreme Court · Sep 15, 1876

Her testimony as to Foster’s statements and admissions were clearly inadmissible, aside from the objection of the witness being the wife of Brost, as being mere hearsay evidence. … He would need but to send her to the adverse party for some purpose pertaining to the subject of litigation, and thus qualify her, under the guise of an agency, to testify to admissions made which would go to establish the

State Public Utilities Commission ex rel. Quincy Railway Co. v. City of Quincy

290 Ill. 360 · Illinois Supreme Court · Dec 17, 1919

Indeed, in many of the cases it is clearly enough intimated that if that question had been presented for decision the results might have been different.” … This last case clearly distinguishes some Michigan cases, especially Detroit United Railway Co. v. Michigan, 242 U.

Venner v. Chicago City Railway Co.

246 Ill. 170 · Illinois Supreme Court · Jun 29, 1910

There is nothing in the law. of 1859 that would prohibit the establishment and maintenance of its principal office in a foreign State or country. … It cannot, we think, be seriously contended that the State ever intended that x corporations chartered by our legislature should enjoy such complete immunity from the'visitorial powers of the State as would result if the

People v. King

2019 IL 123926 · Illinois Supreme Court · Jan 24, 2020

Safarik testified that he also conducts “equivocal death evaluations” in cases where the “manner of death is not well established.” … ¶ 52 The applicable law is well established.

Buda Co. v. Industrial Commission

377 Ill. 215 · Illinois Supreme Court · Jun 17, 1941

There is evidence which shows sand dust in the room where he was employed in such quantities that exposure in his employment to the hazard of silicosis is clearly established. … The four who qualified as physicians and medical experts each made a personal examination of Kut.

Drager v. McIntosh

316 Ill. 460 · Illinois Supreme Court · Apr 24, 1925

Becker, 206 Ill. 53 , this court held it is the settled policy to adopt the construction of a will giving an estate of inheritance to the first devisee unless limiting or qualifying clauses show clearly and unequivocally … that it was the intention of the testator to limit or qualify the estate granted.

Arteman v. CLINTON COM. UNIT SCHOOL DIST.

198 Ill. 2d 475 · Illinois Supreme Court · Jan 25, 2002

establish willful and wanton misconduct, an exception to section 3-108(a) immunity. … The public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply with as much force to the latter.

Gannon v. Chicago, Milwaukee, St. Paul & Pacific Railway Co.

22 Ill. 2d 305 · Illinois Supreme Court · Jun 14, 1961

The section does not contain the qualifying words “having charge of” after the word “owner,” as appears in section 9. … Without clearly accepting or rejecting the New York court’s reasoning, our court in the Claffy case followed the same approach and found that the owner therein retained control of the premises and was therefore liable for

City of Danville v. Industrial Commission

38 Ill. 2d 479 · Illinois Supreme Court · Nov 30, 1967

Industrial Com., 406 Ill. 452 , the claimant is clearly a city official and therefore excluded from the provisions of the Act. … The distinction was clearly pointed out in Krawiec v.

Thompson v. Calhoun

216 Ill. 161 · Illinois Supreme Court · Jun 23, 1905

Calhoun, deceased, to the appellee, conveying the west half of the north-west quarter of section 27, town 11, north, range 6, east, in Peoria county, and establishing title to said tract in the heirs of said Henry E. … From these directions the intent of the grantor to irrevocably divest himself of all dominion or right of control over the deed is clearly disclosed.

Doe v. Dilling

228 Ill. 2d 324 · Illinois Supreme Court · Apr 3, 2008

Kirk denied that he knew by 1997 that it was used to treat the immune system. … One treatment that Kirk felt “qualified” to recommend to Albert was chelation therapy. 10 Kirk and Betty had paid thousands of dollars for Albert’s medical treatment.

Wheeler v. Wheeler

134 Ill. 522 · Illinois Supreme Court · Oct 31, 1890

most that could be rightfully claimed, under the constitution or as a matter of comity, would be that citizens of a sister State should be placed upon a footing with citizens of this State, and accorded equal rights and immunities … Again, the legislature, in a very marked manner, has established a policy to facilitate the speedy settlement of estates and the prompt distribution of funds to creditors and distributees.

Snelson v. Kamm

204 Ill. 2d 1 · Illinois Supreme Court · Mar 20, 2003

Here, Sarnelle testified to his credentials and Kamm admits that they were sufficient to qualify Sarnelle as an expert. … Here, in contrast, there was no question that Sarnelle was qualified to render the opinions he offered at trial, and there was no missing link failing to establish all of the elements of Snelson’s case.

Chicago, Burlington & Quincy Railroad v. Lee

87 Ill. 454 · Illinois Supreme Court · Sep 15, 1877

We find the law clearly and well stated in the case of The Continental Improvement Co. v. Stead, U. S. Supreme Court, 5 Otto, 161 . … The evidence shows the company did not-hing to avoid the accident, but, on the contrary, omitted the observance of every duty required by the law, and still claim immunity for the omission.

People of Illinois v. Dees

85 Ill. 2d 233 · Illinois Supreme Court · Jun 4, 1981

Hendrix (1973), 54 Ill. 2d 165 , we noted that the Illinois constitutional provision on preliminary hearings does not provide a grant of immunity from prosecution as a sanction for its violation. … Instead, the court established a balancing process to weigh the competing interests of the defendant and the State.

Venture-Newberg Perini, Stone & Webster v. Illinois Workers' Compensation Commission

2013 IL 115728 · Illinois Supreme Court · Jan 23, 2014

This well-established exception applies to employees who are required to travel away from their employer’s premises. Hoffman v. Industrial Comm’n, 109 Ill. 2d 194, 199 (1985); Wright v. … nonlocal tradesmen from remote union locations because of the lack of available qualified local union tradesmen.

People Ex Rel. Gregg v. Tauchen

415 Ill. 91 · Illinois Supreme Court · Apr 21, 1953

The petitioner, who is county judge of Marshall County, must be a resident of Marshall County or he would not be qualified and eligible to hold that office. … It necessarily follows that legal title to a judicial office in this State can only be established by the written commission from the Governor.

People v. Burns

209 Ill. 2d 551 · Illinois Supreme Court · Apr 15, 2004

Carich had been found qualified to render opinions for purposes of recovery applications in other appellate cases. 337 Ill. App. 3d at 229 . One justice dissented from the finding that Dr. Carich was qualified. 337 Ill. … Carich clearly is qualified to submit socio-psychiatric reports and to testify in discharge proceedings under section 9 of the SDPA.

Watt v. People

1 L.R.A. 403 · Illinois Supreme Court · Oct 2, 1888

conclusive, but because of the impossibility of proving upon which side of an imaginary line the swiftly moving train happened to be at the instant the homicidal blow was struck, the murderer must be given complete practical immunity … The evidence here clearly makes the prima facie ease, upon behalf of the People, contemplated by the statute. The defendant had the opportunity to disprove that case, hut failed to do so.