Case law

Supolski v. Ferguson & Lange Foundry Co.

272 Ill. 82 · Illinois Supreme Court · Feb 16, 1916

Counsel insist that Dembinski was not qualified to testify, and that his testimony contained a conclusion which it was the province of the jury to decide. … In view of this witness’ experience we think he was qualified to testify upon the question whether it was practicable to enclose or fence this drop.

Paszkowski v. METRO. WATER RECLAMATION

213 Ill. 2d 1 · Illinois Supreme Court · Nov 18, 2004

Act (Tort Immunity Act) (745 ILCS 10/8-101 (West 1998)). … This term clearly includes defendant.

Illinois Graphics Co. v. Nickum

159 Ill. 2d 469 · Illinois Supreme Court · Aug 4, 1994

The appellate court qualified this rule to refer to dismissals with prejudice and viewed the rule as applicable only under circumstances where a plaintiff had requested leave to amend. … App. 3d 962, 972 (governmental tort immunity); Russo v. Bolan (1982), 103 Ill. App. 3d 905 (inapplicability of Illinois law based on preemption by ERISA); Sharp v. Gallagher (1981), 94 Ill.

People Ex Rel. Sherman v. Cryns

203 Ill. 2d 264 · Illinois Supreme Court · Feb 21, 2003

Statutes are presumed to be constitutional, and the party challenging the validity of the statute has the burden to clearly establish the constitutional invalidity. Arangold Corp. v. … We conclude that defendant has failed to satisfy her burden of clearly establishing that the provisions of the Act are unconstitutionally vague as applied to her.

Valfer v. Evanston Northwestern Healthcare

402 Ill. Dec. 398 · Illinois Supreme Court · May 19, 2016

On the other hand, if a physician could satisfy the statute’s exception to immunity simply by establishing a bylaws violation, the immunity would never apply because, according to plaintiff, the breach … itself would establish wilful and wanton misconduct.

People v. Stewart

105 Ill. 2d 22 · Illinois Supreme Court · Nov 30, 1984

Delaware clearly does not require such a result. The most “glaring omission” defendant argues concerns a pair of paint-stained boots. … Ct. 1770 , but also peremptorily excused every juror with some degree of reservation regarding the death penalty but who was immune from excusa! under Wither-spoon restrictions.

Caulkins v. Pritzker

228 N.E.3d 181 · Illinois Supreme Court · Aug 11, 2023

¶ 57 The exemption also applies to “Qualified law enforcement officers and qualified retired law enforcement officers,” defined under the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C … to acquire or possess a firearm/bearable arm under the Second Amendment and immunizes from criminal penalty other law-abiding citizens qualified to acquire or possess under the Second Amendment.

Dynak v. Board of Education of Wood Dale School District 7

444 Ill. Dec. 651 · Illinois Supreme Court · Apr 16, 2020

The lead opinion has also adequately set forth our long-established principles of statutory construction. To a large extent, I agree with the lead opinion. … Clearly, the legislature could not have intended this. A commonsense reading of section 24-6 necessarily allows a teacher to take sick leave for the entire date of birth.

Daily v. Boudreau

231 Ill. 228 · Illinois Supreme Court · Dec 17, 1907

It was an instruction that the evidence adduced by the plaintiff did not tend to establish the cause of action and was not sufficient, in law, to sustain a judgment in his favor. … The judgment, however, should not be reversed and a new trial awarded if the verdict and judgment were clearly right and the plaintiff could not succeed upon another trial.

People v. Fox

294 Ill. 263 · Illinois Supreme Court · Oct 23, 1920

While the legislature may delegate to the county central committee power to divide the county into voting districts, yet that body must establish such rules for the exercise of the power as to protect the citizen and voter … In the organization and other proceedings of the county convention section 10 clearly gives to small wards or districts an unequal, unbalanced and controlling power, destroys the equality and freedom of elections and discriminates

The People v. Bernette

30 Ill. 2d 359 · Illinois Supreme Court · Jan 22, 1964

Lobb, 17 Ill.2d 287 ,) and likewise concedes that it is proper to qualify the jury for the death penalty in a capital case. (People v. Winchester, 352 Ill. 237 ; Ill. Rev. Stat. 1961, chap. 38, par. 743.) … Sternberg’s Estate, 10 Ill.2d 328 ,) and we find nothing in the new Code which clearly directs or requires the procedural change the defendant urges.

The People v. Scott

401 Ill. 80 · Illinois Supreme Court · Sep 24, 1948

The coat was then kept in the custody of the officers and duly delivered to a qualified chemist with the Illinois State Police Laboratory. … This paper clearly admits the charge made in the indictment.

Rhawn v. Pearce

110 Ill. 350 · Illinois Supreme Court · May 19, 1884

Indeed, we have a constitutional guaranty “that the citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States, ” and the Supreme Court of the United States, in Greene … While we recognize the high standing and ability of the court where these decisions were made, still we are not inclined i to follow the rule there adopted, as we believe the rule established in New York and other States

People Ex Rel. Kutner v. Cullerton

58 Ill. 2d 266 · Illinois Supreme Court · Sep 17, 1974

Stat. 1971, ch. 120, pars. 501 and 482(24)), which provide that counties which do not classify real property, or cannot qualify to do so, may or shall assess real property at 50% of the value of the property, violate the … We cannot say the classifications here are clearly unreasonable or arbitrary.

People v. Kadens

399 Ill. 394 · Illinois Supreme Court · Mar 18, 1948

Smith, called on behalf of the People, testified at great length as an expert who qualified in every particular, and concluded, “I cannot express an opinion whether Kadens will' permanently recover other than to say that … He has never been held to the duty of establishing a condition that would not under any circumstances yield to treatment and must forever remain steadfast.

Spencer v. McMasters

16 Ill. 405 · Illinois Supreme Court · Jun 15, 1855

It assumes that, to falsely utter and publish of and concerning a woman, words which clearly and unequivocally impute to her adultery, is not actionable per se. … It is enough that they were married at the time of bringing the suit, and the evidence establishes that fact. 1 Chitty’s Pl. 83. The motion for a new trial was properly overruled.

Armstrong v. Guigler

174 Ill. 2d 281 · Illinois Supreme Court · Oct 18, 1996

The plaintiffs’ action is clearly one for breach of a written contract and, thus, is governed by the 10-year statute of limitations established in section 13 — 206 of the Code of Civil Procedure. … The complaint set forth factual allegations establishing the defendants’ breach.

Smith v. Department of Registration & Education

412 Ill. 332 · Illinois Supreme Court · Jun 4, 1952

In the latter case, on page 45, the court said: “The guilt of any defendant of the charges made in the complaint against him must be established clearly and conclusively by competent evidence before the license of any defendant … The body hearing the case should be a qualified body without prejudice and strictly impartial as to the issues to be tried.”

Scofield v. BOARD OF EDUCATION, COMMUNITY CONSOLIDATED SCH. DIST.

411 Ill. 11 · Illinois Supreme Court · Jan 23, 1952

article 5A inoperative and void. *15 The defendants argue that when all of the provisions of article 5A are read together, in conjunction with certain provisions of the Election Code, the legislative intent and plan is clearly … discernible as to qualifying age and citizenry.

Lelewer & Son v. Industrial Commission

33 Ill. 2d 118 · Illinois Supreme Court · Sep 28, 1965

He said he considered the electrocardiogram taken on July 8 to be within normal limits without any other qualifying conditions, that the electrocardiogram taken on July 11 shows some change and that the cardiogram taken on … The record shows a conflict of medical opinion as to whether the employment of July 1 was a causative factor of the heart attack which was clearly manifested for the first time by the electrocardiogram taken on July 15.