converse rule (West Virginia) · Go Syfert
← West Virginia issues

converse rule in West Virginia

5 West Virginia opinions name it 1 courts 1909–2001 0 in the last five years

The cases below were cited by West Virginia 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
Pelo v. Franklin College of Indianagreen
ind · 1999 · cited in 1 West Virginia opinions naming this issue, 2001–2001
2 sentences

2001This is particularly true because "at least some injured parties `would be reluctant to settle with the servant or agent, and thereby extinguish his [or her] cause of action against the master or principal, unless he [or she] could settle with the servant or agent for' for full satisfaction (in which case the effect of the common law rule would be irrelevant)." Saranillio v. Silva, 78 Hawai'i at 13 , 889 P.2d at 697 (quoting Van Cleave, 101 Nev. at 530 , 706 P.2d at 849 ) (alterations in Saranillio); see also Pelo v. Franklin College of Indiana, 715 N.E.2d at 366 (stating that under common-law

2001This is particularly true because “at least some injured parties ‘would be reluctant to settle with the servant or agent, and thereby extinguish his [or her] cause of action against the master or principal, unless he [or she] could settle with the servant or agent for’ for full satisfaction (in which case the effect of the common law rule would be irrelevant).” Saranillio v. Silva, 78 Hawai’i at 13, 889 P.2d at 697 (quoting Van Cleave, 101 Nev. at 630 , 706 P.2d at 849 ) (alterations in Saranillio); see also Pelo v. Franklin College of Indiana, 715 N.E.2d at 366 (stating that under common-law

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Van Cleave v. Gamboni Construction Co. green
nev · 1985
2 sentences

2001This is particularly true because “at least some injured parties ‘would be reluctant to settle with the servant or agent, and thereby extinguish his [or her] cause of action against the master or principal, unless he [or she] could settle with the servant or agent for’ for full satisfaction (in which case the effect of the common law rule would be irrelevant).” Saranillio v. Silva, 78 Hawai’i at 13, 889 P.2d at 697 (quoting Van Cleave, 101 Nev. at 630 , 706 P.2d at 849 ) (alterations in Saranillio); see also Pelo v. Franklin College of Indiana, 715 N.E.2d at 366 (stating that under common-law

2001This is particularly true because “at least some injured parties ‘would be reluctant to settle with the servant or agent, and thereby extinguish his [or her] cause of action against the master or principal, unless he [or she] could settle with the servant or agent for’ for full satisfaction (in which case the effect of the common law rule would be irrelevant).” Saranillio v. Silva, 78 Hawai’i at 13, 889 P.2d at 697 (quoting Van Cleave, 101 Nev. at 630 , 706 P.2d at 849 ) (alterations in Saranillio); see also Pelo v. Franklin College of Indiana, 715 N.E.2d at 366 (stating that under common-law

12001–2001
Saranillio v. Silva green
haw · 1995
2 sentences

2001This is particularly true because "at least some injured parties `would be reluctant to settle with the servant or agent, and thereby extinguish his [or her] cause of action against the master or principal, unless he [or she] could settle with the servant or agent for' for full satisfaction (in which case the effect of the common law rule would be irrelevant)." Saranillio v. Silva, 78 Hawai'i at 13 , 889 P.2d at 697 (quoting Van Cleave, 101 Nev. at 530 , 706 P.2d at 849 ) (alterations in Saranillio); see also Pelo v. Franklin College of Indiana, 715 N.E.2d at 366 (stating that under common-law

2001This is particularly true because “at least some injured parties ‘would be reluctant to settle with the servant or agent, and thereby extinguish his [or her] cause of action against the master or principal, unless he [or she] could settle with the servant or agent for’ for full satisfaction (in which case the effect of the common law rule would be irrelevant).” Saranillio v. Silva, 78 Hawai’i at 13, 889 P.2d at 697 (quoting Van Cleave, 101 Nev. at 630 , 706 P.2d at 849 ) (alterations in Saranillio); see also Pelo v. Franklin College of Indiana, 715 N.E.2d at 366 (stating that under common-law

12001–2001
Cleveland v. Carcione green
ohioctapp · 1963
2 sentences

1978For the proper rule we look to our own constitutional provision on just compensation and to the leading case of City of Cleveland v. Carcione, 118 Ohio App. 525 , 190 N.E.2d 52 (1963).

1978For the proper rule we look to our own constitutional provision on just compensation and to the leading case of City of Cleveland v. Carcione, 118 Ohio App. 525 , 190 N.E.2d 52 (1963).

11978–1978
Owen v. Appalachian Power Co. green
wva · 1916
1 sentence

1953Va. 596 , 89 S. E. 262 , for the converse of the principle decided in the Hayman case.

11953–1953
Lindsay v. Cecchi green
del · 1911
1 sentence

1920Lindsay v. Cecchi, (Del.) 80 Atl. 523 ; 35 L.

11920–1920
Decker v. Gammon green
me · 1857
1 sentence

1909The rule is laid down by the Supreme Court of Maine, in the case of Decker v. Gammon, 44 Me. 322 , as follows: “If damage be done by any domestic animal kept for use or convenience, the owner is not liable to an action on the ground of negligence, without proof that he knew that the animal was accustomed to do mischief before, if such animal is rightfully in- the place where it does the mischief.” In the next point of the syllabus the converse of the rule is stated: “If domestic animals are wrongfully in the place where they do the mischief, the owner is liable for it, though he had no notice

11909–1909

Where else courts name it

MO 179 (1888–2023) OK 38 (1898–1975) CA 37 (1882–2016) NY 35 (1860–2014) TX 30 (1904–2023) LA 23 (1928–2018) FL 20 (1959–2003) PA 18 (1889–2025) KY 17 (1930–2013) IL 17 (1893–2026) WA 14 (1905–2018) GA 13 (1941–1996) NC 11 (1900–2010) ID 10 (1913–2012) KS 9 (1895–2006) OR 8 (1912–1987) IA 8 (1871–2008) WI 7 (1877–2010) NJ 7 (1959–2021) VA 6 (1909–1997) MI 5 (1919–1984) NM 5 (1918–1994) OH 5 (1940–2008) MD 5 (1960–2006) MN 5 (1891–1956) WV 5 (1909–2001) AR 5 (1913–1967) MS 5 (1872–2018) MA 5 (1913–1972) CO 4 (1914–1981) DC 4 (1993–2022) CT 4 (1926–2014) IN 4 (1892–2019) SD 3 (1903–1976) MT 3 (1895–1929) RI 3 (1858–2009) NH 3 (1920–2020) ME 3 (1848–1980) VT 2 (1921–1937) NE 2 (1951–1959) DE 2 (2022–2026) SC 2 (1935–1946) AL 2 (1911–2012) TN 2 (1938–1974)

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.

← Caselaw search · G Cite Topics · Brief Check