Illinois rule (Minnesota) · Go Syfert
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Illinois rule in Minnesota

5 Minnesota opinions name it 1 courts 1927–1977 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Eckhardt v. Hansongreen
minn · 1936 · cited in 2 Minnesota opinions naming this issue, 1955–1977
2 sentences

1977In Eckhardt v. Hanson, 196 Minn. 270, 272 , 264 N.W. 776, 777 , 107 A.L.R. 1, 2 (1936), the Illinois rule preferred by the dissenting opinion and the Massachusetts rule now in effect in this state were compared in this way: "* * * Under the so-called Illinois rule (which is analogous to the common-law rule with respect to the nonresponsibility of such young children for criminal acts), it is held that a child under seven is incapable of contributory negligence. * * * This rule has the merit of being easy to apply.

1977In Eckhardt v. Hanson, 196 Minn. 270, 272 , 264 N.W. 776, 777 , 107 A.L.R. 1, 2 (1936), the Illinois rule preferred by the dissenting opinion and the Massachusetts rule now in effect in this state were compared in this way: "* * * Under the so-called Illinois rule (which is analogous to the common-law rule with respect to the nonresponsibility of such young children for criminal acts), it is held that a child under seven is incapable of contributory negligence. * * * This rule has the merit of being easy to apply.

12
Watts Ex Rel. Watts v. Ericksongreen
minn · 1955 · cited in 1 Minnesota opinions naming this issue, 1977–1977
2 sentences

1977It is based upon an outworn historical rule of criminal law which refused to acknowledge any capacity on the part of any child under seven years of age to distinguish between right and wrong.” (Italics supplied.) In Squillace v. Village of Mountain Iron, 228 Minn. 8, 13 , 26 N. W. 2d 197, 201 (1946), this court approved the following instruction with respect to the contributory negligence of a 6-year-old child: “* * * Young people are not held to the same degree of care for their own safety as an adult person, but a child of six years of age is required to use some care for his own safety but

1977It is based upon an outworn historical rule of criminal law which refused to acknowledge any capacity on the part of any child under seven years of age to distinguish between right and wrong.” (Italics supplied.) In Squillace v. Village of Mountain Iron, 228 Minn. 8, 13 , 26 N. W. 2d 197, 201 (1946), this court approved the following instruction with respect to the contributory negligence of a 6-year-old child: “* * * Young people are not held to the same degree of care for their own safety as an adult person, but a child of six years of age is required to use some care for his own safety but

11
Audette v. Lindahlgreen
minn · 1950 · cited in 1 Minnesota opinions naming this issue, 1977–1977
2 sentences

1977It is based upon an outworn historical rule of criminal law which refused to acknowledge any capacity on the part of any child under seven years of age to distinguish between right and wrong.” (Italics supplied.) In Squillace v. Village of Mountain Iron, 228 Minn. 8, 13 , 26 N. W. 2d 197, 201 (1946), this court approved the following instruction with respect to the contributory negligence of a 6-year-old child: “* * * Young people are not held to the same degree of care for their own safety as an adult person, but a child of six years of age is required to use some care for his own safety but

1977It is based upon an outworn historical rule of criminal law which refused to acknowledge any capacity on the part of any child under seven years of age to distinguish between right and wrong.” (Italics supplied.) In Squillace v. Village of Mountain Iron, 228 Minn. 8, 13 , 26 N. W. 2d 197, 201 (1946), this court approved the following instruction with respect to the contributory negligence of a 6-year-old child: “* * * Young people are not held to the same degree of care for their own safety as an adult person, but a child of six years of age is required to use some care for his own safety but

11
Squillace v. Village of Mountain Irongreen
minn · 1946 · cited in 1 Minnesota opinions naming this issue, 1977–1977
2 sentences

1977It is based upon an outworn historical rule of criminal law which refused to acknowledge any capacity on the part of any child under seven years of age to distinguish between right and wrong.” (Italics supplied.) In Squillace v. Village of Mountain Iron, 228 Minn. 8, 13 , 26 N. W. 2d 197, 201 (1946), this court approved the following instruction with respect to the contributory negligence of a 6-year-old child: “* * * Young people are not held to the same degree of care for their own safety as an adult person, but a child of six years of age is required to use some care for his own safety but

1977It is based upon an outworn historical rule of criminal law which refused to acknowledge any capacity on the part of any child under seven years of age to distinguish between right and wrong.” (Italics supplied.) In Squillace v. Village of Mountain Iron, 228 Minn. 8, 13 , 26 N. W. 2d 197, 201 (1946), this court approved the following instruction with respect to the contributory negligence of a 6-year-old child: “* * * Young people are not held to the same degree of care for their own safety as an adult person, but a child of six years of age is required to use some care for his own safety but

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Gulf Production Co. v. Quisenberry green
texcommnapp · 1936
2 sentences

1977The opinion states ( 196 Minn. 274 , 264 N.W. 778 , 107 A.L.R. 4 ): "* * * Under present-day circumstances a child of six is permitted to assume many responsibilities.

1977The opinion states ( 196 Minn. 274 , 264 N.W. 778 , 107 A.L.R. 4 ): "* * * Under present-day circumstances a child of six is permitted to assume many responsibilities.

11977–1977
Mayer v. City of Chicago green
scotus · 1971
2 sentences

1972Finally, in Mayer v. City of Chicago, 404 U. S. 189 , 92 S. Ct. 410 , 30 L. ed. 2d 372 (1971), a unanimous court held that an Illinois rule which prevented free transcripts for city ordinance violations and nonfelonies violated the Fourteenth Amendment.

1972Finally, in Mayer v. City of Chicago, 404 U. S. 189 , 92 S. Ct. 410 , 30 L. ed. 2d 372 (1971), a unanimous court held that an Illinois rule which prevented free transcripts for city ordinance violations and nonfelonies violated the Fourteenth Amendment.

11972–1972
Smith v. Smith neutral
ill · 1898
2 sentences

1942The Illinois court disapproved the Gable case in Smith v. Smith, 174 Ill. 52 , 50 N.E. 1083 , 43 L.R.A. 403 , because of its conflict with the Illinois rule, which is the same as ours, that a sale of realty under order of court does not convert it into personalty for purposes of distribution.

1942The Illinois court disapproved the Gable case in Smith v. Smith, 174 Ill. 52 , 50 N.E. 1083 , 43 L.R.A. 403 , because of its conflict with the Illinois rule, which is the same as ours, that a sale of realty under order of court does not convert it into personalty for purposes of distribution.

11942–1942
Peacock v. PhilLips neutral
ill · 1910
2 sentences

1927Be that as it may, here it is the Illinois rule of Peacock v. Phillips, 247 Ill. 467 , 93 N.E. 415 , 32 L.R.A.(N.S.) 42 , that must control.

1927Be that as it may, here it is the Illinois rule of Peacock v. Phillips, 247 Ill. 467 , 93 N.E. 415 , 32 L.R.A.(N.S.) 42 , that must control.

11927–1927

Where else courts name it

IL 370 (1898–2026) CA 20 (1909–2021) MO 17 (1900–2025) MI 10 (1938–2021) IN 10 (1938–2012) CO 9 (1880–2016) KS 8 (1921–2020) IA 8 (1907–1992) MD 7 (1955–2020) FL 7 (1899–2018) NM 7 (1915–2008) GA 6 (1973–2022) CT 6 (1996–2019) MT 6 (1934–1994) NC 6 (1969–2009) OK 6 (1916–1994) DC 6 (1973–2022) NJ 6 (1952–2025) PA 5 (1974–2007) MN 5 (1927–1977) WI 5 (1999–2020) UT 5 (2010–2025) HI 5 (1963–2021) TX 5 (1955–2007) SD 4 (1953–2016) WV 4 (1937–2016) NY 4 (1891–1959) NE 3 (1950–1996) OR 3 (1977–2001) AZ 3 (1911–1945) ID 3 (1962–1985) OH 3 (1927–1974) VT 2 (2005–2006) KY 2 (1997–2013) MS 2 (1954–1988) VA 2 (1974–2000) WY 2 (1993–1993) ME 2 (2013–2013) DE 2 (1922–1968)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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