conclusive legal presumption (Illinois) · Go Syfert
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conclusive legal presumption in Illinois

10 Illinois opinions name it 2 courts 1995–2014 0 in the last five years

The cases below were cited by Illinois 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 (1)

CaseFollowedCited
Hunter v. Chicago & North Western Transportation Co.green
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 1995–1995
1 sentence

1995See Hunter v. Chicago & North Western Transportation Co. (1990), 200 Ill.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Espinoza v. Elgin, Joliet & Eastern Railway Co. green
ill · 1995
2 sentences

2014A conclusive legal presumption is created which prevents plaintiffs from arguing that the railroad should have installed other warning devices." (Emphasis added.) Espinoza, 165 Ill. 2d at 121 .

2014Second, as noted in Espinoza, 165 Ill. 2d at 122 , the conclusive legal presumption applies to 'any Commission investigation and approval.' It is not limited to instances where the Commission requires the installation of warning devices at a crossing, as opposed to instances where the Commission approves existent warning devices.

92002–2014
Chandler v. Illinois Central Railroad green
illappct · 2002
2 sentences

2003Plaintiff also follows the reasoning of the appellate court in arguing that the conclusive legal presumption only applies where the Commission, upon its own motion or upon complaint , approves the installation of the warning devices (see 333 Ill.

2003Plaintiff also follows the reasoning of the appellate court in arguing that the conclusive legal presumption only applies where the Commission, upon its own motion or upon complaint, approves the installation of the warning devices (see 333 Ill.

22003–2003

Statutes the citing opinions construe

IL § 625 ILCS 5/18c-7401 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 15 (1937–2016) IL 10 (1995–2014) OH 3 (1907–2013) PA 3 (1895–1943) CO 2 (1903–1903) AR 2 (1949–1971) FL 2 (2010–2021) TX 2 (1904–1999)

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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