stated the general rule (Kansas) · Go Syfert
← Kansas issues

stated the general rule in Kansas

13 Kansas opinions name it 2 courts 1971–2002 0 in the last five years

The cases below were cited by Kansas 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 (3)

CaseFollowedCited
Intermountain Health Care, Inc. v. Board of Reviewgreen
utahctapp · 1992 · cited in 1 Kansas opinions naming this issue, 1997–1997
1 sentence

1997See Intermountain Health v. Bd. of Review, 839 P.2d 841, 847 (Utah App. 1992); Blackwell v. Bostitch Div. of Textron, 591 A.2d 384 (R.I. 1991) (subsequent injury or aggravation is compensable so long as it is clear that the real operative factor is the progression of the compensable injury); Home Ins.

11
Gee v. Tenneco, Inc.green
ca9 · 1980 · cited in 1 Kansas opinions naming this issue, 1984–1984
1 sentence

1984In Gee v. Tenneco, Inc., 615 F.2d 857, 866 (9th Cir. 1980), the Court stated the general rule to be: “It is clear that a successor corporation may acquire an independent duty to warn where defects in a predecessor’s products come to its attention.

11
Raymond Leannais and Catherine Leannais v. Cincinnati, Incorporated and Cincinnati-Forte Company and Liberty Mutual Insurance Companygreen
ca7 · 1977 · cited in 1 Kansas opinions naming this issue, 1984–1984
1 sentence

1984See Leannais v. Cincinnati, Inc., 565 F.2d 437 (7th Cir. 1977); Shane v. Hobam, Inc., 332 F. Supp. 526 (E.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

CaseCitedYears
Laffery v. United States Gypsum Co. green
kan · 1910
2 sentences

1994“It has been held in many cases that an owner, or a contractee, is responsible for injuries to a third party caused by work done by an independent contractor where the contract directly requires the performance of work intrinsically dangerous, however skillfully done.” 83 Kan. at 354 .

1994Laffery v. Gypsum Co., 83 Kan. 349 , 111 Pac. 498 (1910); Reilly v. Highman, 185 Kan. 537 , 345 P.2d 652 (1959); Phillips Pipe Line Co. v. Kansas Cold Storage, Inc., 192 Kan. 480, 487 , 389 P.2d 766 (1964).

21994–1994
Hoard v. Shawnee Mission Medical Center green
kan · 1983
1 sentence

2002Citing Alderman and Hamilton , the court noted that an exception to this general *1283 rule had been recognized “where a close relative suffers emotional harm from the negligent mishandling of a corpse.” (Emphasis added.) 233 Kan. at 274 .

12002–2002
State v. Moon green
kanctapp · 1990
1 sentence

2002App. 2d 4 , Syl. ¶ 3, 801 P.2d 59 (1990), rev. denied 248 Kan. 998 (1991), where the court stated the general rule that “a statute operates prospectively unless its language clearly indicates a contrary legislative intent.

12002–2002
Blackwell v. Bostitch, Division of Textron green
ri · 1991
1 sentence

1997See Intermountain Health v. Bd. of Review, 839 P.2d 841, 847 (Utah App. 1992); Blackwell v. Bostitch Div. of Textron, 591 A.2d 384 (R.I. 1991) (subsequent injury or aggravation is compensable so long as it is clear that the real operative factor is the progression of the compensable injury); Home Ins.

11997–1997
Mendota Township High School v. Industrial Commission green
illappct · 1993
1 sentence

1997App. 3d 834 , 612 N.E.2d 77 (1993), the court stated the general principle that the fact that other incidents, whether work related or not, may have aggravated a compensable condition are irrelevant as long as they do not constitute intervening causes.

11997–1997
In Re the Marriage of Cray green
kanctapp · 1993
1 sentence

1995The court stated the general rule that “[pjroof of remarriage by the recipient of maintenance and a motion to terminate presents a prima facie case for termination of maintenance absent proof by the recipient of strong compelling circumstances why the maintenance should not cease. [Citations omitted.]” (Emphasis added.) 18 Kan.

11995–1995
City of Kansas City v. Robb green
kan · 1948
2 sentences

1995In City of Kansas City v. Robb, 164 Kan. 577 , 190 P.2d 398 (1948), this court stated the general rule applicable in such a situation: “ ‘So where an act expressly repealing another act and providing a substitute therefor is found to be invalid, the repealing clause must also be held to be invalid, unless it shall appear that the legislature would have passed the repealing clause even if it had not provided a substitute for die act repealed.’ ” 164 Kan. at 579 (quoting 59 C.J. 940).

1995In City of Kansas City v. Robb, 164 Kan. 577 , 190 P.2d 398 (1948), this court stated the general rule applicable in such a situation: “ ‘So where an act expressly repealing another act and providing a substitute therefor is found to be invalid, the repealing clause must also be held to be invalid, unless it shall appear that the legislature would have passed the repealing clause even if it had not provided a substitute for die act repealed.’ ” 164 Kan. at 579 (quoting 59 C.J. 940).

11995–1995
State v. Goetz green
kan · 1960
2 sentences

1994In State v. Goetz, 187 Kan. 117 , 353 P.2d 816 (1960), a case presenting a procedural situation similar to the case at bar, this court stated the general rule that the right to a speedy trial is a personal right which may be waived, and it is waived if an accused fails to assert the right.

1994In State v. Goetz, 187 Kan. 117 , 353 P.2d 816 (1960), a case presenting a procedural situation similar to the case at bar, this court stated the general rule that the right to a speedy trial is a personal right which may be waived, and it is waived if an accused fails to assert the right.

11994–1994
Reilly v. Highman green
kan · 1959
2 sentences

1994Laffery v. Gypsum Co., 83 Kan. 349 , 111 Pac. 498 (1910); Reilly v. Highman, 185 Kan. 537 , 345 P.2d 652 (1959); Phillips Pipe Line Co. v. Kansas Cold Storage, Inc., 192 Kan. 480, 487 , 389 P.2d 766 (1964).

1994Laffery v. Gypsum Co., 83 Kan. 349 , 111 Pac. 498 (1910); Reilly v. Highman, 185 Kan. 537 , 345 P.2d 652 (1959); Phillips Pipe Line Co. v. Kansas Cold Storage, Inc., 192 Kan. 480, 487 , 389 P.2d 766 (1964).

11994–1994
Phillips Pipe Line Co. v. Kansas Cold Storage, Inc. green
kan · 1964
2 sentences

1994Laffery v. Gypsum Co., 83 Kan. 349 , 111 Pac. 498 (1910); Reilly v. Highman, 185 Kan. 537 , 345 P.2d 652 (1959); Phillips Pipe Line Co. v. Kansas Cold Storage, Inc., 192 Kan. 480, 487 , 389 P.2d 766 (1964).

1994Laffery v. Gypsum Co., 83 Kan. 349 , 111 Pac. 498 (1910); Reilly v. Highman, 185 Kan. 537 , 345 P.2d 652 (1959); Phillips Pipe Line Co. v. Kansas Cold Storage, Inc., 192 Kan. 480, 487 , 389 P.2d 766 (1964).

11994–1994
United States v. Manor Care, Inc. green
mdd · 1980
1 sentence

1989Md. 1980), the court stated the general rule for filing consolidated income tax returns: “(1) that consolidated taxable income be determined by taking into account the separate taxable income of each member of the group and (2) that the separate taxable income of a member of a group be computed in accordance with the provisions covering the determination of taxable income of separate corporations.” 490 F. Supp. at 358 .

11989–1989
Shane v. Hobam, Incorporated green
paed · 1971
1 sentence

1984See Leannais v. Cincinnati, Inc., 565 F.2d 437 (7th Cir. 1977); Shane v. Hobam, Inc., 332 F. Supp. 526 (E.

11984–1984
State v. Amodei green
kan · 1977
2 sentences

1984In State v. Amodei, 222 Kan. 140, 142 , 563 P.2d 440 (1977), the court stated the general rule: ‘In order for defendant to be entitled to an instruction on any particular defense there must be some evidence to support that defense and justify the instruction.

1984In State v. Amodei, 222 Kan. 140, 142 , 563 P.2d 440 (1977), the court stated the general rule: ‘In order for defendant to be entitled to an instruction on any particular defense there must be some evidence to support that defense and justify the instruction.

11984–1984
State v. Miller green
kan · 1894
2 sentences

1976In State v. Miller, 53 Kan. 324 , 36 Pac. 751 , this court stated the general rule in Syl. 1 in the following language: “To constitute the crime of robbery by forcibly taking money from the person of its owner, it is not necessary that violence to the person of the owner should precede the taking of the money; it is sufficient if it be contemporaneous with the taking.” In Miller the factual circumstances were stated in the opinion to be as follows: “ ‘That on the evening of the 26th day of August, 1893, the defendant came into the laundry of the complaining witness, at about 10 o’clock at nigh

1976In State v. Miller, 53 Kan. 324 , 36 Pac. 751 , this court stated the general rule in Syl. 1 in the following language: “To constitute the crime of robbery by forcibly taking money from the person of its owner, it is not necessary that violence to the person of the owner should precede the taking of the money; it is sufficient if it be contemporaneous with the taking.” In Miller the factual circumstances were stated in the opinion to be as follows: “ ‘That on the evening of the 26th day of August, 1893, the defendant came into the laundry of the complaining witness, at about 10 o’clock at nigh

11976–1976
Walters v. American Insurance green
calctapp · 1960
2 sentences

1971A. 2d 776, 8 Cal. Rptr. 665 , the court stated the general rule to be that a policy indemnifying an insured against liability for his own willful wrongs is void as against public policy.

1971Co., 185 C.A.2d 776, 8 Cal. Rptr. 665 , the court stated the general rule to be that a policy indemnifying an insured against liability for his own willful wrongs is void as against public policy.

11971–1971

Where else courts name it

IL 32 (1902–2022) TX 28 (1967–2025) AL 26 (1979–2015) CA 26 (1907–2025) FL 17 (1956–2019) MO 17 (1957–1998) MD 13 (1880–2004) OK 13 (1935–2016) KS 13 (1971–2002) IN 10 (1920–1992) TN 10 (1953–2000) NE 9 (1924–1985) LA 9 (1963–2009) MS 9 (1966–1999) MT 8 (1921–1995) WI 8 (1927–2000) PA 7 (1980–2006) WV 7 (1983–1985) NY 7 (1906–2010) OR 7 (1959–1994) WA 6 (1971–2019) MN 6 (1931–2003) AR 6 (1973–2010) CT 5 (1976–2003) NC 5 (1970–2014) AZ 5 (1961–2009) GA 5 (1951–2000) MI 5 (1955–2019) OH 4 (1977–2016) VA 3 (1999–2010) SC 3 (1993–2011) ID 3 (1975–2016) NJ 3 (1992–2019) DE 3 (1945–1995) KY 2 (1982–2021) VT 2 (1901–2022) SD 2 (1977–1979) CO 2 (1961–1999) WY 2 (1926–1987)

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.

← Caselaw search · G Cite Topics · Brief Check