refusal to give instruction in Arizona

14 Arizona opinions name it 2 courts 1933–2025 1 in the last five years

The cases below were cited by Arizona 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)

Case	Followed	Cited
State of Arizona v. William Craig Millergreen ariz · 2021 · cited in 1 Arizona opinions naming this issue, 2025–2025 1 sentence 2025See State v. Miller, 251 Ariz. 99 , 103 ¶ 13 (2021).	1	1
Gilbert v. Quinetgreen ariz · 1962 · cited in 1 Arizona opinions naming this issue, 1969–1969 2 sentences 1969Gilbert v. Quinet, 91 Ariz. 29, 33-34 , 369 P.2d 267, 270 (1962). 1969Gilbert v. Quinet, 91 Ariz. 29, 33-34 , 369 P.2d 267, 270 (1962).	1	1
Wolfe v. Ornelasgreen ariz · 1958 · cited in 1 Arizona opinions naming this issue, 1968–1968 2 sentences 1968In Wolfe , the Supreme Court was concerned with an application of A.R.S. § 28-773, which provides that after making a stop at the entrance to a through highway, the driver shall yield the right of way to vehicles: "* * * which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard * * ." (Emphasis added) The Supreme Court approved the refusal to give an instruction: " * * to the effect that the defendant Armida Ornelas was under the evidence negligent and that the same was the proximate cause of p 1968In Wolfe , the Supreme Court was concerned with an application of A.R.S. § 28-773, which provides that after making a stop at the entrance to a through highway, the driver shall yield the right of way to vehicles: "* * * which have entered the intersection from the through highway or which are approaching so closely on the through highway as to constitute an immediate hazard * * ." (Emphasis added) The Supreme Court approved the refusal to give an instruction: " * * to the effect that the defendant Armida Ornelas was under the evidence negligent and that the same was the proximate cause of p	1	1
Sisters of St. Joseph v. Edwardsgreen ariz · 1935 · cited in 1 Arizona opinions naming this issue, 1966–1966 2 sentences 1966If the court was thus misled, it is but reasonable to suppose that the jury would also be mistaken and that the rather large verdict * * * was as a matter of fact based to some extent in the minds of the jury on a permanent injury.” 45 Ariz. at 413, 414 , 44 P.2d at 157 . 1966If the court was thus misled, it is but reasonable to suppose that the jury would also be mistaken and that the rather large verdict * * * was as a matter of fact based to some extent in the minds of the jury on a permanent injury.” 45 Ariz. at 413, 414 , 44 P.2d at 157 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Butane Corporation v. Kirby green ariz · 1947 2 sentences 1969Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947). 545 The defendant next says error occurred in not giving defendant’s instruction No. 17. 1969Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947). 545 The defendant next says error occurred in not giving defendant’s instruction No. 17.	2	1967–1969
Medlyn v. Kimble green ariz · 1970 2 sentences 1983Medlyn v. Kimble, 106 Ariz. 66 , 470 P.2d 679 (1970); Snethen v. Gomez, 6 Ariz.App. 366 , 432 P.2d 914 (1968). 1983Medlyn v. Kimble, 106 Ariz. 66 , 470 P.2d 679 (1970); Snethen v. Gomez, 6 Ariz.App. 366 , 432 P.2d 914 (1968).	1	1983–1983
Snethen v. Gomez green arizctapp · 1967 2 sentences 1983Medlyn v. Kimble, 106 Ariz. 66 , 470 P.2d 679 (1970); Snethen v. Gomez, 6 Ariz.App. 366 , 432 P.2d 914 (1968). 1983Medlyn v. Kimble, 106 Ariz. 66 , 470 P.2d 679 (1970); Snethen v. Gomez, 6 Ariz.App. 366 , 432 P.2d 914 (1968).	1	1983–1983
Starkovich v. Noye green ariz · 1974 2 sentences 1979Finally, Amfac objects to the trial court’s refusal to give its requested instruction on “creating false impressions.” The only objection voiced to the refusal to give this instruction was that: “It’s directly supported by the evidence in the Arizona case of Starkovich v. Noye, 111 Ariz. 347 , 529 P.2d 698 (1975).” A reading of the cited case would have revealed that the Superior Court held that a “false impression” instruction was not inconsistent with a general fraud instruction enumerating the nine elements of fraud. 1979Finally, Amfac objects to the trial court’s refusal to give its requested instruction on “creating false impressions.” The only objection voiced to the refusal to give this instruction was that: “It’s directly supported by the evidence in the Arizona case of Starkovich v. Noye, 111 Ariz. 347 , 529 P.2d 698 (1975).” A reading of the cited case would have revealed that the Superior Court held that a “false impression” instruction was not inconsistent with a general fraud instruction enumerating the nine elements of fraud.	1	1979–1979
Bosserman v. Olmstead green calctapp · 1946 2 sentences 1974In accord with our rationale is the case of Bosserman v. Olmstead, 77 Cal.App.2d 236 , 175 P.2d 49 (1946) wherein the court stated: “The refusal to give this instruction was correct for the reason that there is nowhere in the record any evidence that plaintiff either knew or thought that he was in peril, nor is there any testimony that he did anything assuming that he was in peril. 1974In accord with our rationale is the case of Bosserman v. Olmstead, 77 Cal.App.2d 236 , 175 P.2d 49 (1946) wherein the court stated: “The refusal to give this instruction was correct for the reason that there is nowhere in the record any evidence that plaintiff either knew or thought that he was in peril, nor is there any testimony that he did anything assuming that he was in peril.	1	1974–1974
General Petroleum Corp. v. Barker green ariz · 1954 2 sentences 1973General Petroleum Corp. v. Barker, 77 Ariz. 235 , 269 P.2d 729 (1954); City of Glendale v. Bradshaw, 16 Ariz.App. 348 , 493 P.2d 515 (1972). 1973General Petroleum Corp. v. Barker, 77 Ariz. 235 , 269 P.2d 729 (1954); City of Glendale v. Bradshaw, 16 Ariz.App. 348 , 493 P.2d 515 (1972).	1	1973–1973
City of Glendale v. Bradshaw green arizctapp · 1972 2 sentences 1973General Petroleum Corp. v. Barker, 77 Ariz. 235 , 269 P.2d 729 (1954); City of Glendale v. Bradshaw, 16 Ariz.App. 348 , 493 P.2d 515 (1972). 1973General Petroleum Corp. v. Barker, 77 Ariz. 235 , 269 P.2d 729 (1954); City of Glendale v. Bradshaw, 16 Ariz.App. 348 , 493 P.2d 515 (1972).	1	1973–1973
Towers v. Johnson green arizctapp · 1970 2 sentences 1972Stump v. Fitzgerald, supra. Viewing the evidence most strongly in plaintiff’s favor, as we must do in considering the propriety of the giving or the refusal to give an instruction requested by plaintiff, Webb v. Hardin, 53 Ariz. 310 , 89 P.2d 30 (1939); Towers v. Johnson, 11 Ariz.App. 455 , 465 P.2d 592 (1970), we are of the opinion that the evidence does show alternative courses of conduct open to plaintiff and an opportunity to make a choice between those alternatives subsequent to the time the sudden emergency or peril arose. 1972Stump v. Fitzgerald, supra. Viewing the evidence most strongly in plaintiff’s favor, as we must do in considering the propriety of the giving or the refusal to give an instruction requested by plaintiff, Webb v. Hardin, 53 Ariz. 310 , 89 P.2d 30 (1939); Towers v. Johnson, 11 Ariz.App. 455 , 465 P.2d 592 (1970), we are of the opinion that the evidence does show alternative courses of conduct open to plaintiff and an opportunity to make a choice between those alternatives subsequent to the time the sudden emergency or peril arose.	1	1972–1972
Webb v. Hardin green ariz · 1939 2 sentences 1972Stump v. Fitzgerald, supra. Viewing the evidence most strongly in plaintiff’s favor, as we must do in considering the propriety of the giving or the refusal to give an instruction requested by plaintiff, Webb v. Hardin, 53 Ariz. 310 , 89 P.2d 30 (1939); Towers v. Johnson, 11 Ariz.App. 455 , 465 P.2d 592 (1970), we are of the opinion that the evidence does show alternative courses of conduct open to plaintiff and an opportunity to make a choice between those alternatives subsequent to the time the sudden emergency or peril arose. 1972Stump v. Fitzgerald, supra. Viewing the evidence most strongly in plaintiff’s favor, as we must do in considering the propriety of the giving or the refusal to give an instruction requested by plaintiff, Webb v. Hardin, 53 Ariz. 310 , 89 P.2d 30 (1939); Towers v. Johnson, 11 Ariz.App. 455 , 465 P.2d 592 (1970), we are of the opinion that the evidence does show alternative courses of conduct open to plaintiff and an opportunity to make a choice between those alternatives subsequent to the time the sudden emergency or peril arose.	1	1972–1972
Wolfswinkel v. Southern Pacific Company green ariz · 1956 2 sentences 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947). 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947).	1	1967–1967
Michie v. Calhoun green ariz · 1959 2 sentences 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947). 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947).	1	1967–1967
Wolfswinkel v. Southern Pacific Company green ariz · 1957 2 sentences 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947). 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947).	1	1967–1967
LeRoy v. Phillips neutral ariz · 1965 2 sentences 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947). 1967We believe the requested instruction would be a violation of the law of this state as determined in LeRoy v. Phillips, 97 Ariz. 263 , 399 P.2d 669 (1965); Michie v. Calhoun, 85 Ariz. 270, 273 , 336 P.2d 370 (1959); Wolfswinkel v. Southern Pacific Company, 81 Ariz. 302 , 305 P.2d 447 (1956), adhered to 82 Ariz. 33 , 307 P.2d 1040 (1957); and Butane Corporation v. Kirby, 66 Ariz. 272 , 187 P.2d 325 (1947).	1	1967–1967
O'Rielly Motor Company v. Rich green arizctapp · 1966 2 sentences 1966O’Rielly Motor Co. v. Rich, 3 Ariz.App. 21 , 411 P.2d 194 (1966). 1966O’Rielly Motor Co. v. Rich, 3 Ariz.App. 21 , 411 P.2d 194 (1966).	1	1966–1966
Ferrell v. Mutual Benefit, Health & Accident Ass'n green ariz · 1936 2 sentences 1947If the refusal to give an instruction asked for by appellant in the court below be assigned as error, the assignment must state the applicability of such instruction to the fact or facts in the case.” From this court’s case of Ferrell v. Mutual Benefit, Health & Accident Ass’n, 48 Ariz. 521 , 63 P.2d 203 , in reference to assignments of error, we said: “ * * * We have adopted certain rules to guide parties in perfecting their appeals and in presenting the reasons therefor. 1947If the refusal to give an instruction asked for by appellant in the court below be assigned as error, the assignment must state the applicability of such instruction to the fact or facts in the case.” From this court’s case of Ferrell v. Mutual Benefit, Health & Accident Ass’n, 48 Ariz. 521 , 63 P.2d 203 , in reference to assignments of error, we said: “ * * * We have adopted certain rules to guide parties in perfecting their appeals and in presenting the reasons therefor.	1	1947–1947
United Verde Extension Mining Co. v. Ralston green ariz · 1931 2 sentences 1933Co. v. Ralston, 37 Ariz. 554 , 296 Pac. 262 ; hence, the refusal to give the instruction was not error. 1933Co. v. Ralston, 37 Ariz. 554 , 296 Pac. 262 ; hence, the refusal to give the instruction was not error.	1	1933–1933

Where else courts name it

CA 73 (1893–2026) IL 48 (1898–2020) IN 37 (1891–2019) WV 35 (1948–2022) MO 25 (1901–2019) AR 24 (1909–2023) KS 24 (1889–2019) OK 16 (1921–2026) AZ 14 (1933–2025) WA 14 (1926–2025) FL 14 (1903–2010) HI 11 (1904–2015) OR 9 (1922–2020) NE 9 (1892–2023) MI 9 (1969–2018) ID 6 (1915–1985) KY 6 (1933–2025) NM 6 (1969–2023) OH 5 (1896–2016) IA 5 (1915–2022) DC 5 (1979–2020) TX 5 (1972–1993) GA 4 (1923–1991) NV 4 (1976–2018) NC 4 (1931–2019) WI 4 (1911–2014) MA 4 (1931–2000) WY 4 (1927–1995) MD 4 (1991–2019) MT 3 (1928–1978) NY 3 (1872–1902) ME 3 (1920–1981) VA 3 (1948–1992) LA 2 (1998–2000) CT 2 (1974–1992) AK 2 (1969–1974) TN 2 (1992–2009) UT 2 (1931–1987)

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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