history rule in Colorado

14 Colorado opinions name it 2 courts 1946–2025 1 in the last five years

The cases below were cited by Colorado 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 (16)

Case	Followed	Cited
Chevron Oil Co. v. Husonred scotus · 1971 · cited in 4 Colorado opinions naming this issue, 1987–2025 2 sentences 1987Second, the court must “ ‘weigh the merits and demerits [of retroactive application] in each case by looking to the history of the rule in question, its purpose and effect, and whether retrospective application will further or retard its operation.’” Id. at 106-07 , 92 S.Ct. at 355 (quoting Linkletter v. Walker, 381 U.S. 618, 629 , 85 S.Ct. 1731, 1738 , 14 L.Ed.2d 601 (1965)). 1987Second, the court must “ ‘weigh the merits and demerits [of retroactive application] in each case by looking to the history of the rule in question, its purpose and effect, and whether retrospective application will further or retard its operation.’” Id. at 106-07 , 92 S.Ct. at 355 (quoting Linkletter v. Walker, 381 U.S. 618, 629 , 85 S.Ct. 1731, 1738 , 14 L.Ed.2d 601 (1965)).	1	4
Van Diest v. Towlegreen colo · 1947 · cited in 1 Colorado opinions naming this issue, 2016–2016 2 sentences 2016See Van Diest v. Towle, 179 P.2d 984, 987 (Colo. 1947) (recounting in detail the history of the doctrine). 2016See Van Diest v. Towle, 116 Colo. 204 , 179 P.2d 984, 987 (1947) (recounting in detail the history of the doctrine).	1	1
People v. O'NEALgreen coloctapp · 2009 · cited in 1 Colorado opinions naming this issue, 2015–2015 1 sentence 2015See § 24-214, C.R.S. 2014; People v. O'Neal, 228 P.3d 211, 214-15 (Colo.App.2009) (reciting the history of the rule in Colorado).	1	1
Garg v. MacOmb County Community Mental Health Servicesgreen mich · 2005 · cited in 1 Colorado opinions naming this issue, 2007–2007 2 sentences 2007See generally Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505 , 398 N.W.2d 368 (1986) (cited in Gallagher for its discussion of the history of the doctrine), overruled by Garg v. Macomb County Cmty. Mental Health Servs., 472 Mich. 263 , 696 N.W.2d 646 (2005). 2007See generally Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505 , 398 N.W.2d 368 (1986) (cited in Gallagher for its discussion of the history of the doctrine), overruled by Garg v. Macomb County Cmty. Mental Health Servs., 472 Mich. 263 , 696 N.W.2d 646 (2005).	1	1
Thomas v. Panggreen haw · 1991 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Dini v. Naiditchgreen ill · 1960 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land	1	1
Furstein v. Hillgreen conn · 1991 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Kreski v. Modern Wholesale Electric Supply Co.green mich · 1987 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Flowers v. Rock Creek Terrace Ltd. Partnershipgreen md · 1987 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Winn v. Frashergreen idaho · 1989 · cited in 1 Colorado opinions naming this issue, 1993–1993 1 sentence 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land	1	1
Young v. Sherwin-Williams Co., Inc.green dc · 1990 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Santangelo v. State of NYgreen ny · 1988 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land	1	1
Mignone v. Fieldcrest Millsgreen ri · 1989 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Krause v. US Truck Co., Inc.green mo · 1990 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Steelman v. Lindgreen nev · 1981 · cited in 1 Colorado opinions naming this issue, 1993–1993 2 sentences 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 Ill.2d 406, 413 , 170 N.E.2d 881 (1960)) ("[T]he rule had its origins in a social system in which `the landowner was sovereign within his own boundaries' and owed a licensee only the duty not to injure him wilfully or wantonly."); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 777 P.2d at 724 (noting that land 1993See Furstein, 590 A.2d at 943 (quoting Dini v. Naiditch, 20 I11.2d 406, 413, 170 N.E.2d 881 (1960)) (“[T]he rule had its origins in a social system in which ‘the landowner was sovereign within his own boundaries’ and owed a licensee only the duty not to injure him wilfully or wantonly.”); Young, 569 A.2d at 1175 (noting that the rule originally developed in the context of landowner liability law); Thomas, 811 P.2d at 823 (noting that, historically, the rule was explained in the context of landowner liability, where firemen were classified as licensees); Winn, 111 P.2d at 724 (noting that lando	1	1
Farmer v. Norm \Fair Trade\" Stampgreen · 1967 · cited in 1 Colorado opinions naming this issue, 1981–1981 2 sentences 1981Compare Vanadium Corp. v. Wesco Stores Co., supra, with Farmer v. Norm “Fair Trade” Stamp, Inc., 164 Colo. 156 , 433 P.2d 490 (1967). 1981Compare Vanadium Corp. v. Wesco Stores Co., supra, with Farmer v. Norm “Fair Trade” Stamp, Inc., 164 Colo. 156 , 433 P.2d 490 (1967).	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
Sumner v. Goodyear Tire & Rubber Co.red mich · 1986 · cited in 1 Colorado opinions naming this issue, 2007–2007 2 sentences 2007See generally Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505 , 398 N.W.2d 368 (1986) (cited in Gallagher for its discussion of the history of the doctrine), overruled by Garg v. Macomb County Cmty. Mental Health Servs., 472 Mich. 263 , 696 N.W.2d 646 (2005). 2007See generally Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505 , 398 N.W.2d 368 (1986) (cited in Gallagher for its discussion of the history of the doctrine), overruled by Garg v. Macomb County Cmty. Mental Health Servs., 472 Mich. 263 , 696 N.W.2d 646 (2005).	1	1

Also cited on this issue (7)

Case	Cited	Years
Linkletter v. Walker red scotus · 1965 2 sentences 1992The second factor in Chevron, whether retrospective application of the new rule would further or retard its operation, was derived from an earlier criminal case, Linkletter v. Walker, 381 U.S. 618 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965), which held: Once the premise is accepted that we are neither required to apply, nor prohibited from applying a decision retrospectively, we must then weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retroactive operation will further or retard its operation. 1992The second factor in Chevron, whether retrospective application of the new rule would further or retard its operation, was derived from an earlier criminal case, Linkletter v. Walker, 381 U.S. 618 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965), which held: Once the premise is accepted that we are neither required to apply, nor prohibited from applying a decision retrospectively, we must then weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retroactive operation will further or retard its operation.	3	1987–1992
cluster 2 green · 1 sentence 2011Id. at 70 (quoting S.Rep.	1	2011–2011
DCB Construction Co. v. Central City Development Co. green coloctapp · 1997 2 sentences 1998The court of appeals was skeptical about whether CCDC had been enriched since the construction work was "simply part of the consideration that the lessee agreed to provide to the lessor in return for the creation of a leasehold in the property by the lessor.” DCB Constr., 940 P.2d at 964 . 1998U.L.Rev. 547, 554-560 (1986)(tracing the history of the claim and noting that courts have occasionally added extra, often inappropriate, elements). [6] The court of appeals was skeptical about whether CCDC had been enriched since the construction work was "simply part of the consideration that the lessee agreed to provide to the lessor in return for the creation of a leasehold in the property by the lessor." DCB Constr., 940 P.2d at 964 .	1	1998–1998
Marinez v. INDUSTRIAL COM'N OF STATE green colo · 1987 1 sentence 1991Third, the court must weigh the inequity that would be imposed by retroactive application in order to avoid injustice or hardship.” (emphasis added) Marinez v. Industrial Commission, 746 P.2d 552 (Colo.1987).	1	1991–1991
Miller Bros., Inc. v. Public Utilities Commission green colo · 1974 1 sentence 1977Ind. 1955). 3 We realize this is contra to our intention to remain silent as expressed two and one-half years ago in Miller, supra.	1	1977–1977
Contract Steel Carriers, Inc. v. United States neutral innd · 1955 1 sentence 1977A discussion of the history of this test is found in Contract Steel Carriers v. U.S., 128 F. Supp. 25 (N.D.	1	1977–1977
Wilson v. People green colo · 1938 2 sentences 1946Wilson v. People, 103 Colo. 150, 157 , 84 P. (2d) 463 . 6. 1946Wilson v. People, 103 Colo. 150, 157 , 84 P. (2d) 463 . 6.	1	1946–1946

Where else courts name it

PA 74 (1863–2024) CA 57 (1880–2026) TX 50 (1878–2023) NM 42 (1970–2025) WA 41 (1906–2025) NJ 40 (1925–2023) LA 40 (1934–2025) MD 39 (1966–2023) IL 34 (1924–2022) FL 30 (1959–2023) NY 29 (1892–2008) GA 28 (1900–2025) TN 26 (1940–2022) OR 25 (1954–2025) MO 23 (1888–2018) MI 23 (1944–2024) AL 19 (1935–2024) OH 17 (1913–2023) IA 15 (1885–2021) SD 15 (1974–2025) CO 14 (1946–2025) UT 14 (1949–2021) VA 13 (1954–2025) MN 13 (1969–2006) ND 13 (1916–2005) WI 13 (1926–2023) CT 12 (1968–2016) WY 12 (1975–2015) AZ 12 (1960–2014) KY 12 (1922–2018) MT 10 (1916–2025) IN 9 (1958–2020) DC 9 (1946–2007) ID 9 (1951–2022) NC 9 (1973–2000) KS 9 (1905–2013) AR 8 (1979–2003) MS 8 (1968–2008) WV 7 (1936–2018) OK 7 (1979–2024) MA 7 (1903–2003) RI 6 (1969–2020) AK 6 (1977–2025) VT 6 (1976–2017) SC 5 (1938–1990) HI 5 (1980–2022) DE 5 (1992–2018) NV 4 (1970–2013) NE 4 (1897–2019) NH 4 (1932–2003) PR 2 (1926–1929)

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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