opposite rule in Minnesota

12 Minnesota opinions name it 2 courts 1893–2006 0 in the last five years

The cases below were cited by Minnesota 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 (9)

Case	Followed	Cited
Gaare v. Board of County Commissionersgreen minn · 1903 · cited in 1 Minnesota opinions naming this issue, 2006–2006 2 sentences 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its	1	1
Hitchcock v. County of Sherburnegreen minn · 1948 · cited in 1 Minnesota opinions naming this issue, 2006–2006 2 sentences 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its	1	1
Stevens v. Lycan & Co.green minn · 1960 · cited in 1 Minnesota opinions naming this issue, 2006–2006 2 sentences 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its	1	1
Edwin Miller and Donna Miller, Executors for Douglas Miller, Deceased v. United Statesgreen ca8 · 1981 · cited in 1 Minnesota opinions naming this issue, 1984–1984 1 sentence 1984Miller v. United States, 643 F.2d 481, 483-85 (8th Cir.1980) rev’d on other grounds on rehearing, 643 F.2d 490 (8th Cir.1981).	1	1
Clarke v. Stategreen mdctspecapp · 1968 · cited in 1 Minnesota opinions naming this issue, 1972–1972 1 sentence 1972App. 447, 451 , 240 A. 2d 291, 294 (1968). 1 The opposite rule was applied in Proctor v. United States, 131 App. D.	1	1
David Proctor v. United Statesgreen cadc · 1969 · cited in 1 Minnesota opinions naming this issue, 1972–1972 1 sentence 1972C. 241, 242, 404 F. 2d 819, 820 (1968).	1	1
Farmer v. Board of Tradegreen · 1899 · cited in 1 Minnesota opinions naming this issue, 1902–1902 1 sentence 1902See Lewis v. Wilson, supra In Farmer v. Board, 78 Mo. App. 557, 566 , a case directly in point, this distinction is referred to thus: “It is well known that parties cannot, by agreement to arbitrate future differences, oust the courts of jurisdiction; but that principle of law does not affect our statement that the association may have a rule requiring all differences between members to be settled by arbitration and to impose expulsion as a penalty for disobedience of such rule.	1	1
Coolidge v. Allengreen me · 1889 · cited in 1 Minnesota opinions naming this issue, 1893–1893 1 sentence 1893See Smith v. Bibber, 82 Me. 34 , ( 19 Atl.	1	1
Smith v. Bibbergreen me · 1889 · cited in 1 Minnesota opinions naming this issue, 1893–1893 1 sentence 1893See Smith v. Bibber, 82 Me. 34 , ( 19 Atl.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (18)

Case	Cited	Years
Tholkes v. Decock green minn · 1914 2 sentences 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its	1	2006–2006
Spanel v. Mounds View School District No. 621 green minn · 1962 2 sentences 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its 2006Dist., 264 Minn. 279 , 118 N.W.2d 795 (1962); Tholkes v. Decock, 125 Minn. 507 , 147 N.W. 648 (1914) (towns); Hitchcock v. County of Sherburne, 227 Minn. 132, 135 , 34 N.W.2d 342, 344 (1948) (towns and counties); Gaare v. Bd. of County Comm'rs of Clay County, 90 Minn. 530, 531-32 , 97 N.W. 422, 423 (1903) (counties); Stevens v. Lycan Co., 259 Minn. 106, 108 , 105 N.W.2d 889, 891 (1960) (noting that "from early times" we held municipalities liable but, "[p]eculiarly, we have followed the opposite rule with respect to liability of towns and counties holding that neither the town or county or its	1	2006–2006
Anderson Ex Rel. Anderson v. City of Minneapolis green minn · 1980 2 sentences 2006In Anderson, we eliminated the distinction between municipalities and the state and its subdivisions by holding "that the exceptions to common law governmental tort immunity [for municipalities] apply to other governmental entities, including the state, as well as to municipalities." Anderson, 296 N.W.2d at 387 . 2006In Anderson , we eliminated the distinction between municipalities and the state and its subdivisions by holding "that the exceptions to common law governmental tort immunity [for municipalities] apply to other governmental entities, including the state, as well as to municipalities.” Anderson, 296 N.W.2d at 387 .	1	2006–2006
Fannon v. Federal Cartridge Corp. green minn · 1945 2 sentences 1977In support of an opposite rule, the department relies on two decisions, Fannon v. Federal Cartridge Corp., 219 Minn. 306 , 18 N.W.2d 249 (1945), and Lewis v. Minneapolis Moline, Inc., 288 Minn. 432 , 181 N.W.2d 701 (1970). 1977In support of an opposite rule, the department relies on two decisions, Fannon v. Federal Cartridge Corp., 219 Minn. 306 , 18 N.W.2d 249 (1945), and Lewis v. Minneapolis Moline, Inc., 288 Minn. 432 , 181 N.W.2d 701 (1970).	1	1977–1977
Lewis v. Minneapolis Moline, Inc. green minn · 1970 2 sentences 1977In support of an opposite rule, the department relies on two decisions, Fannon v. Federal Cartridge Corp., 219 Minn. 306 , 18 N.W.2d 249 (1945), and Lewis v. Minneapolis Moline, Inc., 288 Minn. 432 , 181 N.W.2d 701 (1970). 1977In support of an opposite rule, the department relies on two decisions, Fannon v. Federal Cartridge Corp., 219 Minn. 306 , 18 N.W.2d 249 (1945), and Lewis v. Minneapolis Moline, Inc., 288 Minn. 432 , 181 N.W.2d 701 (1970).	1	1977–1977
Weberg v. Chicago, Milwaukee, St. Paul & Pacific Railroad green minn · 1953 2 sentences 1962Co. 239 Minn. 345 , 59 N. W. (2d) 317 , although prior to the adoption of Rule 59.06 an opposite rule prevailed. 1962Co. 239 Minn. 345 , 59 N. W. (2d) 317 , although prior to the adoption of Rule 59.06 an opposite rule prevailed.	1	1962–1962
Schmit v. Village of Cold Spring neutral minn · 1943 2 sentences 1962Schmit v. Village of Cold Spring, 215 Minn. 572 , 10 N. W. (2d) 727 ; State ex rel. 1962Schmit v. Village of Cold Spring, 215 Minn. 572 , 10 N. W. (2d) 727 ; State ex rel.	1	1962–1962
City of Red Wing v. Eichinger green minn · 1925 2 sentences 1958It was rejected by the United States Supreme Court. [8] Among others in support of this statement is cited the Longshoremen's and Harbor Workers' Compensation Act. [9] City of Red Wing v. Eichinger, 163 Minn. 54 , 203 N.W. 622 . 1958It was rejected by the United States Supreme Court. [8] Among others in support of this statement is cited the Longshoremen's and Harbor Workers' Compensation Act. [9] City of Red Wing v. Eichinger, 163 Minn. 54 , 203 N.W. 622 .	1	1958–1958
Henderson Telephone & Telegraph Co. v. Owensboro Home Telephone & Telegraph Co. neutral kyctapp · 1921 2 sentences 1958Co. 192 Ky. 322 , 233 S. W. 743 , is cited in the opinion above in support of the opposite rule. 1958Co. 192 Ky. 322 , 233 S. W. 743 , is cited in the opinion above in support of the opposite rule.	1	1958–1958
Olmstead v. Lamphier green conn · 1918 2 sentences 1940Johnson v. Roberts, 212 Ala. 535 , 103 So. 563 ; Celia v. Industrial Acc. Comm. 38 Cal. App. 760 , 177 P. 490 ; Olmstead v. Lamphier, 93 Conn. 20 , 104 A. 488 , 7 A. L. 1940Johnson v. Roberts, 212 Ala. 535 , 103 So. 563 ; Celia v. Industrial Acc. Comm. 38 Cal. App. 760 , 177 P. 490 ; Olmstead v. Lamphier, 93 Conn. 20 , 104 A. 488 , 7 A. L.	1	1940–1940
Johnson v. Roberts neutral ala · 1925 2 sentences 1940Johnson v. Roberts, 212 Ala. 535 , 103 So. 563 ; Celia v. Industrial Acc. Comm. 38 Cal. App. 760 , 177 P. 490 ; Olmstead v. Lamphier, 93 Conn. 20 , 104 A. 488 , 7 A. L. 1940Johnson v. Roberts, 212 Ala. 535 , 103 So. 563 ; Celia v. Industrial Acc. Comm. 38 Cal. App. 760 , 177 P. 490 ; Olmstead v. Lamphier, 93 Conn. 20 , 104 A. 488 , 7 A. L.	1	1940–1940
Cella v. Industrial Accident Commission neutral calctapp · 1918 2 sentences 1940Johnson v. Roberts, 212 Ala. 535 , 103 So. 563 ; Celia v. Industrial Acc. Comm. 38 Cal. App. 760 , 177 P. 490 ; Olmstead v. Lamphier, 93 Conn. 20 , 104 A. 488 , 7 A. L. 1940Johnson v. Roberts, 212 Ala. 535 , 103 So. 563 ; Celia v. Industrial Acc. Comm. 38 Cal. App. 760 , 177 P. 490 ; Olmstead v. Lamphier, 93 Conn. 20 , 104 A. 488 , 7 A. L.	1	1940–1940
Allen v. Pioneer-Press Co. green minn · 1889 1 sentence 1938Complaint is made because the court did not instruct: “Mere belief in the truth of the statements is not sufficient to constitute good faith. * * * It requires 9 * the care and vigilance of á prudent and conscientious person, * ® * an absence not only of all improper motives but of negligence,” and the giving of this alleged opposite instruction: “It is not a malicious act to publish in a newspaper information relative to the unfitness of a candidate for the office he seeks which the publisher has reasonable ground to believe is true.” The requested instructions were taken from Justice Mitc	1	1938–1938
Williams v. Langevin green minn · 1889 1 sentence 1938Complaint is made because the court did not instruct: “Mere belief in the truth of the statements is not sufficient to constitute good faith. * * * It requires 9 * the care and vigilance of á prudent and conscientious person, * ® * an absence not only of all improper motives but of negligence,” and the giving of this alleged opposite instruction: “It is not a malicious act to publish in a newspaper information relative to the unfitness of a candidate for the office he seeks which the publisher has reasonable ground to believe is true.” The requested instructions were taken from Justice Mitc	1	1938–1938
White v. Wilmington City Railway Co. neutral delsuperct · 1906 1 sentence 1909Super.] 63 Atl. 931 ): “There is no priority of right, so that the right of neither is exclusive. * * * Life and limb are of more consequence than quick transit. * * * The opposite doctrine appears to have found lodgment in many minds, and there seems to be a disposition to assume that a foot passenger has no right upon a public street as against a street car.	1	1909–1909
Pierce v. Drew green mass · 1883 1 sentence 1895The opposite doctrine is held in the following cases, by a divided court, except in the' last case cited, and in that one the fee was in the public: Pierce v. Drew, 136 Mass. 75 ; Julia Building Ass’n v. Bell T.	1	1895–1895
Julia Building Ass'n v. Bell Telephone Co. neutral mo · 1885 1 sentence 1895Co., 88 Mo. 258 ; People v. Eaton, 100 Mich. 208 , 59 N. W. 145 ; Irwin v. Great S. T.	1	1895–1895
People v. Eaton green mich · 1894 2 sentences 1895Co., 88 Mo. 258 ; People v. Eaton, 100 Mich. 208 , 59 N. W. 145 ; Irwin v. Great S. T. 1895Co., 88 Mo. 258 ; People v. Eaton, 100 Mich. 208 , 59 N. W. 145 ; Irwin v. Great S. T.	1	1895–1895

Where else courts name it

CA 62 (1854–2025) IL 54 (1852–2021) NY 38 (1838–2025) TX 34 (1871–2024) WA 26 (1890–2025) MO 24 (1862–2021) WI 20 (1860–2008) NJ 19 (1832–2008) IN 19 (1872–2019) IA 18 (1859–2018) AL 18 (1854–2025) PA 17 (1860–2019) OR 14 (1883–2024) OK 13 (1925–2017) NC 13 (1878–2009) MN 12 (1893–2006) MI 11 (1897–2022) TN 11 (1889–2017) WV 9 (1895–2022) KY 9 (1840–2026) AR 8 (1874–2019) AZ 8 (1972–2024) NE 8 (1889–2000) VA 8 (1846–2026) ND 7 (1900–2014) MA 7 (1849–2025) NM 7 (1886–2023) OH 6 (1840–2008) CO 6 (1892–2003) AK 5 (1981–1996) MD 5 (1896–1980) MS 5 (1895–2017) ID 5 (1932–2021) LA 4 (1824–1988) GA 4 (1935–2026) VT 4 (1898–2021) WY 4 (1934–2015) FL 4 (1955–2019) SC 4 (1870–1998) UT 4 (1935–2024) CT 3 (2005–2012) ME 3 (1841–2018) SD 2 (1951–2007) MT 2 (1993–2006) KS 2 (1886–1942) NH 2 (1867–1873) PR 2 (1911–1953) HI 2 (1996–2019) DC 2 (1970–2005)

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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