purview rule (Michigan) · Go Syfert
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purview rule in Michigan

17 Michigan opinions name it 2 courts 1947–2025 3 in the last five years

The cases below were cited by Michigan 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 (5)

CaseFollowedCited
Barringer v. Arnoldgreen
mich · 1960 · cited in 8 Michigan opinions naming this issue, 1971–2014
2 sentences

2014“To come within the purview of this rule the circumstances attending the accident must present a situation that is ‘unusual or unsuspected.’ ” Vander Laan v Miedema, 385 Mich 226, 232 ; 188 NW2d 564 (1971), citing Barringer v Arnold, 358 Mich 594, 599 ; 101 NW2d 365 (1960).

2014“To come within the purview of this rule the circumstances attending the accident must present a situation that is ‘unusual or unsuspected.’ ” Vander Laan v Miedema, 385 Mich 226, 232 ; 188 NW2d 564 (1971), citing Barringer v Arnold, 358 Mich 594, 599 ; 101 NW2d 365 (1960).

38
Gerzeski v. Department of State Highwaysgreen
mich · 1978 · cited in 1 Michigan opinions naming this issue, 1988–1988
2 sentences

1988See n 5. [16] Justice MOODY'S opinion in Gerzeski, supra, p 159 , interpreted Royston as excluding only negligence claims from the purview of the exception, thereby leaving the door open to the inclusion of "intentional nuisances.

1988Justice Moody’s opinion in Gerzeski, supra, p 159 , interpreted Royston as excluding only negligence claims from the purview of the exception, thereby leaving the door open to the inclusion of "intentional nuisances.

11
People v. Meadowsgreen
michctapp · 1970 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970See People v. Meadows (1970), 26 Mich App 675 , and People v. Tisi (1970), 384 Mich 214 .

1970See People v. Meadows (1970), 26 Mich App 675 , and People v. Tisi (1970), 384 Mich 214 .

11
Harris v. United Statesgreen
scotus · 1968 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970In my view, this is a case for application of the rule set forth in Harris v. United States (1968), 390 US 234, 236 ( 88 S Ct 992, 993 ; 19 L Ed 2d 1067, 1069 ), relative to the “plain view” doctrine: “It has long been settled that objects falling in the plain view of an officer who has a right to he in the position to have that view are subject to seizure and may he introduced in evidence.” The facts in this case fall within the purview of this doctrine.

1970In my view, this is a case for application of the rule set forth in Harris v. United States (1968), 390 US 234, 236 ( 88 S Ct 992, 993 ; 19 L Ed 2d 1067, 1069 ), relative to the “plain view” doctrine: “It has long been settled that objects falling in the plain view of an officer who has a right to he in the position to have that view are subject to seizure and may he introduced in evidence.” The facts in this case fall within the purview of this doctrine.

11
People v. Tisigreen
mich · 1970 · cited in 1 Michigan opinions naming this issue, 1970–1970
2 sentences

1970See People v. Meadows (1970), 26 Mich App 675 , and People v. Tisi (1970), 384 Mich 214 .

1970See People v. Meadows (1970), 26 Mich App 675 , and People v. Tisi (1970), 384 Mich 214 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Vander Laan v. Miedema green
mich · 1971
2 sentences

2022“To come within the purview of this rule the circumstances attending the accident must present a situation that is unusual or unsuspected.” Vander Laan v Miedema, 385 Mich 226, 232 ; 188 NW2d 564 (1971) (quotation marks and citations omitted).

2022“To come within the purview of this rule the circumstances attending the accident must present a situation that is unusual or unsuspected.” Vander Laan v Miedema, 385 Mich 226, 232 ; 188 NW2d 564 (1971) (quotation marks and citations omitted).

61982–2022
People v. Carines green
mich · 1999
1 sentence

2025We anticipated it, and we’re not opposing [the prosecutor] bringing them [in] so long as it’s simply the convictions and not the details[.] Defendant waived this issue by expressly approving of the court’s decision to admit the evidence under MRE 609. “[W]aiver is the intentional relinquishment or abandonment of a known right.” Carines, 460 Mich at 762 n 7 (quotation marks and citation omitted).

12025–2025
Socony Vacuum Oil Co. v. Marvin green
mich · 1946
2 sentences

2007The sudden-emergency doctrine provides as follows: “ ‘One who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence.’ ” [Vsetula v Whitmyer, 187 Mich App 675, 681 ; 468 NW2d 53 (1991), quoting Socony Vacuum Oil Co v Marvin, 313 Mich 528, 546 ; 21 NW2d 841 (1946), quoting Huddy on A

2007The sudden-emergency doctrine provides as follows: “ ‘One who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence.’ ” [Vsetula v Whitmyer, 187 Mich App 675, 681 ; 468 NW2d 53 (1991), quoting Socony Vacuum Oil Co v Marvin, 313 Mich 528, 546 ; 21 NW2d 841 (1946), quoting Huddy on A

12007–2007
Vsetula v. Whitmyer green
michctapp · 1991
2 sentences

2007The sudden-emergency doctrine provides as follows: “ ‘One who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence.’ ” [Vsetula v Whitmyer, 187 Mich App 675, 681 ; 468 NW2d 53 (1991), quoting Socony Vacuum Oil Co v Marvin, 313 Mich 528, 546 ; 21 NW2d 841 (1946), quoting Huddy on A

2007The sudden-emergency doctrine provides as follows: “ ‘One who suddenly finds himself in a place of danger, and is required to act without time to consider the best means that may be adopted to avoid the impending danger is not guilty of negligence if he fails to adopt what subsequently and upon reflection may appear to have been a better method, unless the emergency in which he finds himself is brought about by his own negligence.’ ” [Vsetula v Whitmyer, 187 Mich App 675, 681 ; 468 NW2d 53 (1991), quoting Socony Vacuum Oil Co v Marvin, 313 Mich 528, 546 ; 21 NW2d 841 (1946), quoting Huddy on A

12007–2007
Sillery v. Board of Medicine green
michctapp · 1985
1 sentence

2002According to the Sillery Court, “[s]uch a task would require an exhaustive enumeration of countless instances of conduct which obviously came within the purview of this standard.” Sillery, supra at 687 .

12002–2002
Altman v. Meridian Township green
mich · 1992
2 sentences

1999Altman, supra at 635 .

1999Altman, supra at 635 , 487 N.W.2d 155 .

11999–1999
Roddis Lumber & Veneer Co. v. American Alliance Insurance Co. green
mich · 1951
1 sentence

1963In other words, the principle generally applied by the courts is that if proof is made of a loss apparently within a contract of insurance, the burden is upon the insurer to prove that the loss arose from a cause of loss which is excepted or for which it is not liable, or from a cause which limits its liability.” The holding of this Court in Roddis Lumber & Veneer Company v. American Alliance Insurance Company, 330 Mich 81, 88 , is in accord with the general rule quoted.

11963–1963
Whitney v. Wheeler green
mass · 1875
1 sentence

1947The testimony was not competent on the theory that it tended to show the relations of the parties at the time of the transaction in question, Pease v. Jennings, 180 Mich. 682, 689 , nor was it within the scope of the rule suggested' in Whitney v. Wheeler, 116 Mass. 490 (quoted in Pease v. Jennings) as to admissibility of “evidence tending to show a .continuous and apparently fixed state of mind and purpose, inconsistent with such alleged gift, existing previously thereto.” Neither was it within the purview of the rule, recognized by some courts, that testimony of this, character may be receive

11947–1947
Pease v. Jennings neutral
mich · 1914
1 sentence

1947The testimony was not competent on the theory that it tended to show the relations of the parties at the time of the transaction in question, Pease v. Jennings, 180 Mich. 682, 689 , nor was it within the scope of the rule suggested' in Whitney v. Wheeler, 116 Mass. 490 (quoted in Pease v. Jennings) as to admissibility of “evidence tending to show a .continuous and apparently fixed state of mind and purpose, inconsistent with such alleged gift, existing previously thereto.” Neither was it within the purview of the rule, recognized by some courts, that testimony of this, character may be receive

11947–1947

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 257.402 (6) MI § Mich. Comp. Laws § 257.627 (6)

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

OH 74 (1958–2026) FL 49 (1941–2015) NY 47 (1882–2026) CA 40 (1893–2018) TX 32 (1928–2023) IL 29 (1896–2022) PA 19 (1895–2022) MI 17 (1947–2025) MO 16 (1881–2022) NC 15 (1948–2013) GA 12 (1907–1987) OK 11 (1929–2016) NJ 9 (1886–2009) AL 8 (1932–2016) NE 7 (1900–1993) MA 7 (1975–2026) IN 7 (1862–1997) UT 7 (1953–2023) KY 7 (1962–2021) RI 6 (1958–2004) MD 6 (1985–2013) MT 6 (1926–1980) IA 6 (1922–2011) WA 6 (1950–2021) ID 5 (1891–2012) MN 5 (1960–2014) NV 4 (1869–2022) VA 4 (1953–1999) NM 4 (1933–2010) AR 4 (1987–2017) LA 4 (1929–1994) AZ 3 (1945–1970) ND 3 (1896–2015) HI 3 (1943–1999) CO 3 (1967–1985) WI 3 (1922–1991) CT 3 (1942–1998) KS 2 (1971–2020) WV 2 (1973–1982) SC 2 (1947–2018) OR 2 (1905–1913)

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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