Case law

Illinois Landscape Contractors Ass'n v. Department of Labor

372 Ill. App. 3d 912 · Appellate Court of Illinois · Mar 28, 2007

feels that they’re more qualified to say what a laborer does.” … This is a mixed question of law and fact; therefore, the clearly-erroneous standard of review apphes.

Patent Scaffolding Co. v. Standard Oil Co.

68 Ill. App. 2d 29 · Appellate Court of Illinois · Mar 1, 1966

Emerson-Comstock Co., 141 F Supp 143 (ND Ill) when the court said: “While there are early cases in some states expressing a public policy against indemnifying a tort feasor for his own negligence it is today well established … construed as indemnifying one against his own negligence unless such a construction is required by clear and explicit language of the contract, which we agree is the Illinois rule of strict construction, we find that rule is qualified

Village of Franklin Park v. Sardo

445 Ill. Dec. 148 · Appellate Court of Illinois · Aug 10, 2020

¶ 25 Finally, we examine mixed questions of law and fact under the intermediate, clearly erroneous standard. … ¶ 40 The standard for determining whether a police officer’s mental disability qualifies for a line-of-duty pension is set out in Robbins, 177 Ill. 2d 533.

People v. Sperow

170 Ill. App. 3d 800 · Appellate Court of Illinois · Jun 16, 1988

Watts testified that the State had assured his immunity from any potential perjury prosecution. … The conduct of the defendant herein was clearly reprehensible. The trial court clearly confined its consideration to the amount and type of force employed.

Klein v. Rosen

327 Ill. App. 375 · Appellate Court of Illinois · Dec 20, 1945

, but protects the public by requiring that their corrective lenses shall be prescribed by a qualified person who is licensed and registered. … eyeglasses or spectacles, in which case the glasses must be furnished on the prescription of a qualified optometrist or physician and surgeon.

In Re County Collector of Lake County

343 Ill. App. 3d 363 · Appellate Court of Illinois · Oct 2, 2003

If a petitioner can meet this basic qualification, he or she can qualify for indemnity in either of two ways. … Clearly, petitioners in this case did not set forth the necessary allegations to establish eligibility for relief under the equitable entitlement provisions; they pleaded neither that they lived in the property nor that it

People v. Gilbert

58 Ill. App. 3d 387 · Appellate Court of Illinois · Mar 3, 1978

Moreover, the evidence adduced at trial clearly connected the exhibits to the crime and to the accused, as it appears from defendant’s pretrial statements that the shotgun was in the apartment he shared with the deceased … consequences flowing from his own deliberate act, it follows that if one wilfully does an act the direct and natural tendency of which is to destroy another’s life, the natural and irresistible conclusion, in the absence of qualifying

Harroun v. The Addison Police Pension Board

Appellate Court of Illinois · Mar 21, 2007

For purposes of this provision, it is well established that the definition of "act of duty" set forth in section 5--113 of the Code (40 ILCS 5/5--113 (West 2000)) applies. See, e.g., Alm v. … Plaintiff alternatively argued that the apprehension of Hanses qualified as an act of duty within the meaning of section 5--113 of the Code because it was an act of heroism.

Cruttenden v. Finlay

123 Ill. App. 523 · Appellate Court of Illinois · Nov 24, 1905

Carrott executor of said will, who qualified as such on the twelfth'day of February, 1884, and assumed the duties of his executorship. On the eleventh day of April, 1884, said widow, Electa L. … The rule which must govern our holding in this case seems to be well established. .It is as follows: “The statute has not provided a period of limitation within which the administrator must filfe a petition to sell lands

Gaston v. Founders Insurance

365 Ill. App. 3d 303 · Appellate Court of Illinois · Mar 13, 2006

DiLisio is certainly qualified to talk about repair costs, and given an appropriate amount of homework I suppose he might be qualified to talk about Chicagoland repair costs. *** [But] the five phone calls made by Mr. … DiLisio is certainly qualified to talk about repair costs, and given an appropriate amount of homework I suppose he might be qualified to talk about Chicagoland repair costs.”

In Re JRY

157 Ill. App. 3d 396 · Appellate Court of Illinois · Jun 29, 1987

In a case such as this one, such a result is clearly against the best interests of the minor. … The criminal record set forth in the presentence report clearly establishes an affinity toward violations of the law, many of which resulted in incarceration. Some of the minor offenses related to alcohol.

United Stationers Supply Co. v. Zurich American Insurance Co.

Appellate Court of Illinois · Sep 30, 2008

Zurich responds that United Stationers did not establish that it qualified as an additional insured under the CGL policy. Zurich argues that there was no written contract requiring D.C. … The certificate of insurance clearly provided that it was not part of the policy and that the insured had to look to the policy to ascertain the extent of coverage.” Kraemer, 298 Ill. App. 3d at 811.

American Airlines, Inc. v. Department of Revenue

Appellate Court of Illinois · Dec 18, 2009

App. 3d at 736, 745 N.E.2d at 653 (“[T]he decision is against the manifest weight of the evidence only if the opposite conclusion is clearly evident”). … XIV, §1)9 and the Constitution of the State of 9 The fourteenth amendment states in pertinent part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens

Acevedo v. Cook County Sheriff's Merit Board

432 Ill. Dec. 440 · Appellate Court of Illinois · May 7, 2019

Acevedo also argued that the Tort Immunity Act did not bar his current claims because the void decision of the Board could be attacked at any time, his claims did not sound in tort, and the Tort Immunity Act … The complaint should be dismissed only if it is clearly apparent that the plaintiff can prove no set of facts that would entitle him to relief. Id. at 349.

Foust v. The Forest Preserve District of Cook County

408 Ill. Dec. 218 · Appellate Court of Illinois · Sep 30, 2016

Defendant further argued that the character of the trail established it as a “riding trail” under section 3-107(b). Accordingly, defendant argued that the section 3-107(b) immunity applied. … establishes that if branch failure occurred, the target below would be the paved path and perhaps pedestrians who frequently use the subject trail.”

Department of Corrections Ex Rel. People v. Adams

278 Ill. App. 3d 803 · Appellate Court of Illinois · Apr 23, 1996

The party challenging the statute bears the burden of "clearly establishing that the statute is unconstitutional.” Rehg, 152 Ill. 2d at 512 , 605 N.E.2d at 529 . A. … Defendant also seems to argue that the statute does not clearly inform him what conduct is unlawful. However, as we earlier held, section 3 — 7 — 6 is not a penal or criminal statute.

Johnson v. The Village of Palatine

2024 IL App (1st) 232238-U · Appellate Court of Illinois · Aug 9, 2024

As to discretionary immunity, the court found the Village was entitled to immunity as to some of Johnson’s allegations regarding the sidewalk replacement program, but it was not immune from all such allegations. … Thus, Johnson was clearly permitted to ride his bicycle on the subject sidewalk.

Blair v. Travelers Insurance

30 Ill. App. 2d 191 · Appellate Court of Illinois · Apr 24, 1961

There was also the testimony of a qualified psychiatrist who answered a hypothetical question based on the uncontroverted facts of Adams’ mental deterioration. … It is our opinion that the testimony of Adams’ insanity clearly preponderated over the presumption of sanity which operated in favor of the parents.

Central Stock & Grain Exchange v. Pine Tree Lumber Co.

140 Ill. App. 471 · Appellate Court of Illinois · Apr 6, 1908

It considered itself immune from final process. … Section 10 is clearly a limitation upon the time given to corporations by the statute to settle up their affairs, and while it has been decided that a dissolved corporation may prosecute an appeal or sue out a writ of error

Keshner v. Keshner

304 Ill. App. 640 · Appellate Court of Illinois · Mar 7, 1940

It is clearly established that Julia Keshner acted for her mother in all the transactions concerning the matter under inquiry. From the testimony of respondent Julia Keshner, it appears that Edward P. … The testimony of Julia Keshner corroborated by Fannie Keshner and Joseph Keshner clearly establishes an intent on the part of the deceased to make a gift to his wife of the property in question.