upheld instruction (Michigan) · Go Syfert
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upheld instruction in Michigan

12 Michigan opinions name it 2 courts 1930–2020 0 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 (3)

CaseFollowedCited
Florida v. Powellgreen
scotus · 2010 · cited in 1 Michigan opinions naming this issue, 2020–2020
1 sentence

2020Powell, 559 US at 54 (quotation marks omitted).

11
Cryderman v. Soo Line Railroad Co.green
michctapp · 1977 · cited in 1 Michigan opinions naming this issue, 1990–1990
2 sentences

1990The Court upheld an instruction that the jury could consider the failure of the Chippewa County Road Commis sion to enter into a "clear vision area” 25 agreement with the railroad as constituting a breach of duty owed to the plaintiffs. 26 The Court opined that the duty imposed under § 2 extended "to clear vision areas which lie beyond the improved portions of the highway proper.” Cryderman at 476.

1990The Court upheld the instruction notwithstanding its observation that ''[t]he procedure authorized by [MCL 469.6; MSA 22.766] does not impose a mandatory obligation on the part of railroad and public highway authorities to enter such agreements.” Cryderman at 475.

11
Quay v. Duluth, South Shore & Atlantic Railway Co.green
mich · 1908 · cited in 1 Michigan opinions naming this issue, 1940–1940
1 sentence

1940The court upheld the challenge for cause, and said: “Well I think the juror must be free without embarrassment, or else he must be of a kind that he is going to do the right thing whether it hurts anyone or not. # * * It is not quite the freedom that one should have when he sits as a juror and attempts to do the right thing.” In Quay v. Railway Co., 153 Mich. 567, 569 (18 L.

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 (12)

CaseCitedYears
People v. Robinson green
mich · 2006
2 sentences

2016The Court upheld the standard of aiding and abetting “that the charged offense was a natural and probable consequence of the commission of the intended offense.” Id. at 15 .

2016The Court upheld the standard of aiding and abetting “that the charged offense was a natural and probable consequence of the commission of the intended offense.” Id. at 15 .

22016–2016
Tedrow v. McNary neutral
mich · 1935
1 sentence

2018In Tedrow v McNary, 270 Mich 332 (1935), this Court upheld a requirement that candidates for a certain public office file an affidavit or other evidence of their educational qualifications.

12018–2018
Gentile v. State Bar of Nev. green
scotus · 1991
2 sentences

2006In fact, in Gentile the Court upheld the rule because “it merely postpone[d] the attorneys’ comments until after the trial.” Id. (emphasis added).

2006In fact, in Gentile the Court upheld the rule because "it merely postpone[d] the attorneys' comments until after the trial." Id. (emphasis added).

12006–2006
People v. Windall Hill green
michctapp · 1991
2 sentences

1995Judge Griffin later used his dissenting opinion in Krause as the basis for his majority opinion in Troncoso, supra. Troncoso created a split in the case law, which was resolved by Hill, supra. 2 In Hill , the Court upheld the standard enunciated in Krause .

1995Troncoso created a split in the *67 case law, which was resolved by Hill, supra . [2] In Hill , the Court upheld the standard enunciated in Krause .

11995–1995
People v. Troncoso green
michctapp · 1991
1 sentence

1995Judge Griffin later used his dissenting opinion in Krause as the basis for his majority opinion in Troncoso, supra. Troncoso created a split in the case law, which was resolved by Hill, supra. 2 In Hill , the Court upheld the standard enunciated in Krause .

11995–1995
Roy v. Department of Transportation green
mich · 1987
2 sentences

1990This broad view of the highway exception statute is contrary to our decision today, as well as to our decision in Roy, supra. Therefore, we modify the decision of the Court of Appeals in Cryderman to the extent that the duty of the county road commission imposed under § 2 extends only to the traveled portion of the roadbed actually designed for public vehicular travel.

1990This broad view of the highway exception statute is contrary to our decision today, as well as to our decision in Roy, supra .

11990–1990
Department of Conservation v. Connor green
mich · 1947
1 sentence

1981And so you will find in that connection that the amount of the owner’s loss or the amount that would make him whole would be the number of trees as multiplied by the cost per tree.’ ” On appeal, this Court upheld that instruction as proper, stating: "In view of Dep’t of Conservation v Connor (1947), 316 Mich 565 , which holds that stumpage must be valued as it stands at the time of taking, calculation of the value of trees on a per unit basis would appear to be the most precise method; in any event, we cannot hold it to be an erroneous method of calculation as a matter of law.” While the trees

11981–1981
Taylor v. Milton green
mich · 1958
1 sentence

1968The Court upheld the instruction given by the trial judge in that case: “I charge you that there is no question of skill or judgment, no question of practice beyond the knowledge of laymen, because you are only considering the one question: Did he or did he not conceal the presence of this filiform in the bladder of this plaintiff.” Taylor v. Milton, supra, p 426 , *310 Where defendant-physician allegedly sutured over a folded ganze pad, no expert testimony was necessary to go to the jury on whether or not he did sew it in.

11968–1968
Parks v. Pere Marquette Railway Co. green
mich · 1946
2 sentences

1949This Court upheld an instruction to that same effect in Parks v. Pere Marquette Railway Co., 315 Mich 38 , under facts very similar to those at bar.

1949This Court upheld an instruction to that same effect in Parks v. Pere Marquette Railway Co., 315 Mich 38 , under facts very similar to those at bar.

11949–1949
Farthing v. Hepinstall green
mich · 1928
2 sentences

1949In Farthing v. Hepinstall, 243 Mich 380 , we said, “The rule of joint enterprise in negligence cases is founded on the law of principal and agent.

1949In Farthing v. Hepinstall, 243 Mich 380 , we said, "The rule of joint enterprise in negligence cases is founded on the law of principal and agent.

11949–1949
Hartung v. . the People green
ny · 1860
1 sentence

1930The leading case in this country upholding such rule is that of Hartung v. People, 22 N. Y. 95 , where it was held that á defendant convicted of the crime of murder must be released because, while an appeal was being taken, the statute in regard to the punishment for murder was amended.

11930–1930
State v. Smith green
or · 1910
2 sentences

1930In State v. Smith, 56 Ore. 21 ( 107 Pac. 980 ), the court upheld the rule for a crime committed during 90-day interval (as in the case at issue), but expressed itself as not being unmindful of the embarrassing and serious consequences that might follow its decision.

1930In State v. Smith, 56 Ore. 21 ( 107 Pac. 980 ), the court upheld the rule for a crime committed during 90-day interval (as in the case at issue), but expressed itself as not being unmindful of the embarrassing and serious consequences that might follow its decision.

11930–1930

Where else courts name it

CA 35 (1904–2024) WA 18 (1924–2014) TX 17 (1889–2017) MD 15 (1978–2026) IL 14 (1913–2024) NY 12 (1939–2017) LA 12 (1974–2013) MI 12 (1930–2020) MO 10 (1921–2018) NJ 9 (1965–2021) TN 9 (1998–2023) CT 7 (1977–2026) WI 7 (1979–2013) OK 7 (1916–1988) PA 7 (1944–2025) OH 6 (1973–2020) SD 6 (1927–2011) IN 5 (1961–1998) ID 5 (1971–2016) NM 5 (1981–2012) KY 5 (1912–2021) MT 5 (1972–2013) AR 5 (1989–2005) MS 5 (1961–2000) GA 5 (1902–2024) NC 4 (1949–1999) OR 4 (1970–2025) KS 4 (1936–2004) FL 4 (1974–1992) VT 3 (1990–2011) IA 3 (1943–1985) HI 3 (1927–2003) AL 3 (1931–1988) ND 3 (1919–2009) WV 3 (1911–2020) MA 3 (1990–2002) VA 2 (1952–2009) AZ 2 (1989–1999) DE 2 (2010–2015) UT 2 (1993–2020) NV 2 (1965–1991) MN 2 (1991–2016)

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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