excuse exception (Indiana) · Go Syfert
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excuse exception in Indiana

11 Indiana opinions name it 2 courts 1893–2004 0 in the last five years

The cases below were cited by Indiana 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 (2)

CaseFollowedCited
Larkins v. Kohlmeyergreen
ind · 1951 · cited in 8 Indiana opinions naming this issue, 1952–2004
2 sentences

1989The nature of an excuse or justification was stated in Larkins v. Kohlmeyer (1951), 229 Ind. 391 , 98 N.E.2d 896 , 900: The rule was well stated in Bush v. Harvey Transfer Co., 1946, 146 Ohio St. 657 , 67 N.E.2d 851, 855 , as follows: “A legal excuse, precluding liability for injuries resulting from the failure to comply with the statutory requirements respecting the operation of a motor vehicle on the public highways, must be something that would make it impossible to comply with the statute, something over which the driver has no control, an emergency not of the driver’s making causing failu

1989The nature of an excuse or justification was stated in Larkins v. Kohlmeyer (1951), 229 Ind. 391 , 98 N.E.2d 896 , 900: The rule was well stated in Bush v. Harvey Transfer Co., 1946, 146 Ohio St. 657 , 67 N.E.2d 851, 855 , as follows: “A legal excuse, precluding liability for injuries resulting from the failure to comply with the statutory requirements respecting the operation of a motor vehicle on the public highways, must be something that would make it impossible to comply with the statute, something over which the driver has no control, an emergency not of the driver’s making causing failu

18
Bush v. Harvey Transfer Co.green
· 1946 · cited in 3 Indiana opinions naming this issue, 1951–2004
2 sentences

1989The nature of an excuse or justification was stated in Larkins v. Kohlmeyer (1951), 229 Ind. 391 , 98 N.E.2d 896 , 900: The rule was well stated in Bush v. Harvey Transfer Co., 1946, 146 Ohio St. 657 , 67 N.E.2d 851, 855 , as follows: “A legal excuse, precluding liability for injuries resulting from the failure to comply with the statutory requirements respecting the operation of a motor vehicle on the public highways, must be something that would make it impossible to comply with the statute, something over which the driver has no control, an emergency not of the driver’s making causing failu

1989The nature of an excuse or justification was stated in Larkins v. Kohlmeyer (1951), 229 Ind. 391 , 98 N.E.2d 896 , 900: The rule was well stated in Bush v. Harvey Transfer Co., 1946, 146 Ohio St. 657 , 67 N.E.2d 851, 855 , as follows: “A legal excuse, precluding liability for injuries resulting from the failure to comply with the statutory requirements respecting the operation of a motor vehicle on the public highways, must be something that would make it impossible to comply with the statute, something over which the driver has no control, an emergency not of the driver’s making causing failu

13

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Northern Indiana Transit, Inc. v. Burk green
ind · 1950
2 sentences

1950Burk (1950), 228 Ind. 162 , 89 N. E. 2d 905 , we held that if there was no evidence showing an excuse for the violation of a statute which constituted prima facie evidence of negligence, it was not error to instruct that a violation of the statutory duty was negligence.

1950Burk (1950), 228 Ind. 162 , 89 N. E. 2d 905 , we held that if there was no evidence showing an excuse for the violation of a statute which constituted prima facie evidence of negligence, it was not error to instruct that a violation of the statutory duty was negligence.

11950–1950
Jeffersonville, Madison, & Indianapolis Railroad v. Avery neutral
ind · 1869
1 sentence

1893Co. v. Avery, supra; Witz v. Spencer, supra, and Ringgenberg v. Hartman, supra; hut after the lower court had overruled the application for a change of venue, the defendant filed an application for a change of judge, alleging, as an excuse from the rule, that he did not know of the bias and prejudice of the judge until the day before.

11893–1893
Witz v. Spencer neutral
ind · 1875
1 sentence

1893Co. v. Avery, supra; Witz v. Spencer, supra, and Ringgenberg v. Hartman, supra; hut after the lower court had overruled the application for a change of venue, the defendant filed an application for a change of judge, alleging, as an excuse from the rule, that he did not know of the bias and prejudice of the judge until the day before.

11893–1893
Ringgenberg v. Hartman green
ind · 1885
1 sentence

1893Co. v. Avery, supra; Witz v. Spencer, supra, and Ringgenberg v. Hartman, supra; hut after the lower court had overruled the application for a change of venue, the defendant filed an application for a change of judge, alleging, as an excuse from the rule, that he did not know of the bias and prejudice of the judge until the day before.

11893–1893

Where else courts name it

IA 28 (1916–2020) CA 16 (1929–2023) GA 15 (1942–2014) IN 11 (1893–2004) OH 8 (1963–2018) ND 7 (1989–2022) NY 4 (1874–2024) TX 4 (1980–2016) VT 3 (2007–2019) WI 3 (1979–1999) MA 3 (1946–1989) SC 2 (1977–1990) PA 2 (1972–2017) NM 2 (1924–1984) MO 2 (1965–1981) OR 2 (1964–1976) UT 2 (1931–2025) DC 2 (1997–2021) WV 2 (1989–2004)

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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