Washington v. Atlantic Richfield Co.
Illinois Supreme Court
DOOLEY and CLARK, JJ., dissenting upon denial of rehearing.
1DissentJustice Dooley
The issue presented by this appeal, as we see it, is the status of a fireman lawfully on the premises fighting a fire at a place where he might reasonably be expected to be. To differentiate between “acts of negligence which might have been contributory causes of the fire” and “negligence in the failure to maintain the premises in a safe condition” is an artificial and meaningless distinction in the law of torts. Moreover, it appears anomalous to say that “the opinion [Dini v. Naiditch (1960), 20 Ill. 2d 406,] gives support to plaintiffs’ position” and that “[d] ecisions [of appellate courts]…
2Cases cited51 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Williams v. Brown Manufacturing Co.Illinois Supreme Court · 1970
- Kahn v. James Burton Co.Illinois Supreme Court · 1955
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