assumed risk doctrine (Kentucky) · Go Syfert
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assumed risk doctrine in Kentucky

11 Kentucky opinions name it 2 courts 1913–1968 0 in the last five years

The cases below were cited by Kentucky 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Kentucky.

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
Parker v. Redden green
kyctapphigh · 1967
2 sentences

1968The concept of assumed risk as distinguished from contributory negligence was abolished in Parker v. Redden, Ky., 421 S.W.2d 586 (decided June 23, 1967).

1967This case was tried before the doctrine of assumed risk, as distinct from eontrib-utory negligence, was abolished in Parker v. Redden, Ky., 421 S.W.2d 586 (1967).

21967–1968
City of Owensboro v. Gabbert green
kyctapp · 1909
2 sentences

1933City of Owensboro v. Gabbert, 135 Ky. 346 , 122 S. W. 178 , 135 Am.

1933City of Owensboro v. Gabbert, 135 Ky. 346 , 122 S. W. 178 , 135 Am.

21913–1933
Seaboard Air Line Railway v. Horton green
scotus · 1914
2 sentences

1915Seaboard Air Line v. Horton, 233 U. S., 492 .

1914Chesapeake & Ohio Railway Co. v. DeAtley, 159 Ky., 687; Seaboard Airline Railway v. Horton, 233 U. S., 492 .

21914–1915
Marks v. Goldstein neutral
kyctapp · 1954
1 sentence

1956While knowledge of the danger is essential in an application of the doctrine of assumed risk (see Marks v. Goldstein, Ky., 266 S.W.2d 104 ), that element of the case is provided here by the appellee’s own testimony.

11956–1956
F. W. Woolworth Co. v. Brown neutral
kyctapphigh · 1935
2 sentences

1947The facts here seem to be nearer to those in Woolworth Co. v. Brown, 258 Ky. 29 , 79 S. W. 2d 362 (cited by appellee), wherein we discussed the question of contributory negligence, including the application of the assumed risk rule, and upheld a sizeable verdict.

1947The facts here seem to be nearer to those in Woolworth Co. v. Brown, 258 Ky. 29 , 79 S. W. 2d 362 (cited by appellee), wherein we discussed the question of contributory negligence, including the application of the assumed risk rule, and upheld a sizeable verdict.

11947–1947
Seelbach, Inc. v. Mellman green
kyctapphigh · 1943
2 sentences

1947In Seelbach, Inc., v. Mellman, 293 Ky. 790 , 170 S. W. 2d 18 (cited by appellants), where a woman fell on smooth steps in the hotel of appellant, we held that plaintiff, knowing of the condition of the steps, it was not unreasonable for her to use them, .but so knowing, she was only guilty of contributory negligence in not using a hand rail constructed on each side of the steps.

1947In Seelbach, Inc., v. Mellman, 293 Ky. 790 , 170 S. W. 2d 18 (cited by appellants), where a woman fell on smooth steps in the hotel of appellant, we held that plaintiff, knowing of the condition of the steps, it was not unreasonable for her to use them, .but so knowing, she was only guilty of contributory negligence in not using a hand rail constructed on each side of the steps.

11947–1947
Nugent Sand Company v. Howard neutral
kyctapphigh · 1928
2 sentences

1943Reed v. Nelson Creek Coal Company, 224 Ky. 322 , 6 S. W. (2d) 252 ; Nugent Sand Co. v. Howard, 227 Ky. 91 , 11 S. W. (2d) 985 .

1943Reed v. Nelson Creek Coal Company, 224 Ky. 322 , 6 S. W. (2d) 252 ; Nugent Sand Co. v. Howard, 227 Ky. 91 , 11 S. W. (2d) 985 .

11943–1943
Reed v. Nelson Creek Coal Company neutral
kyctapphigh · 1928
2 sentences

1943Reed v. Nelson Creek Coal Company, 224 Ky. 322 , 6 S. W. (2d) 252 ; Nugent Sand Co. v. Howard, 227 Ky. 91 , 11 S. W. (2d) 985 .

1943Reed v. Nelson Creek Coal Company, 224 Ky. 322 , 6 S. W. (2d) 252 ; Nugent Sand Co. v. Howard, 227 Ky. 91 , 11 S. W. (2d) 985 .

11943–1943
Truesdell v. Chesapeake & Ohio Railway Co. neutral
kyctapp · 1914
2 sentences

1919Co., 159 Ky. 718 , 169 S. W. 471 . ■-In this latter case we said: “■As-the plaintiff’s claim does not grow out of a violation of such a statute, the doctrine of assumed risk applies.

1919Co., 159 Ky. 718 , 169 S. W. 471 . ■-In this latter case we said: “■As-the plaintiff’s claim does not grow out of a violation of such a statute, the doctrine of assumed risk applies.

11919–1919
Burton Construction Co. v. Metcalfe neutral
· 1915
1 sentence

1916Burton Construction Co. v. Metcalf, 162 Ky. 366 .

11916–1916
Chesapeake & Ohio Railway Co. v. DeAtley neutral
kyctapp · 1914
1 sentence

1914Chesapeake & Ohio Railway Co. v. DeAtley, 159 Ky., 687; Seaboard Airline Railway v. Horton, 233 U. S., 492 .

11914–1914

Where else courts name it

TX 25 (1915–2013) IL 17 (1903–1968) KY 11 (1913–1968) IN 9 (1907–2011) TN 8 (1928–1974) KS 7 (1903–2011) MO 7 (1905–1968) MI 6 (1903–1965) FL 4 (1958–1981) VA 2 (1906–1928) VT 2 (1922–1956) HI 2 (1999–2005) UT 2 (1906–1931) NY 2 (2001–2015)

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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