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11 West Virginia opinions name it 1 courts 1916–1999 0 in the last five years
The cases below were cited by West Virginia 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.
| Case | Followed | Cited |
|---|---|---|
First Nat. Bank of Bluefield v. Clarkgreen2 sentences1999See Syl. pt. 3, First Nat’l Bank of Bluefield v. Clark, 181 W.Va. 494 , 383 S.E.2d 298 (1989) (“ ‘ “When a written contract upon its face is couched in such terms as to import a legal obligation without any uncertainty as to the object or extent of the engagement, it is conclusively presumed that the whole engagement of the parties and the extent of the undertaking were reduced to writing. 1999See Syl. pt. 3, First Nat’l Bank of Bluefield v. Clark, 181 W.Va. 494 , 383 S.E.2d 298 (1989) (“ ‘ “When a written contract upon its face is couched in such terms as to import a legal obligation without any uncertainty as to the object or extent of the engagement, it is conclusively presumed that the whole engagement of the parties and the extent of the undertaking were reduced to writing. | 1 | 1 |
West Texas Transmission, L.P. v. Enron Corporationgreen1 sentence1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). | 1 | 1 |
Melvin T. Smith v. Ferron C. Loseegreen1 sentence1992On appeal, the Utah Supreme Court, without any extensive discussion of authorities, came to this conclusion: “The generally recognized doctrine of law is that public officials are protected by a qualified immunity from suits growing out of the performance of lawfully authorized discretionary duties, so long as they are acting in good faith and are not guilty of any willful or intentional wrongdoing.16 16 See, e.g., Barr v. Matteo, 360 U.S. 564, 575 , 79 S.Ct. 1335, 1341 , 3 L.Ed.2d 1434 [1443-44] (1959); Smith v. Losee, 485 F.2d 334, at 343-344 ([10th Cir.] 1973). | 1 | 1 |
Nevada v. Watkinsgreen1 sentence1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). | 1 | 1 |
Rainbow Navigation, Inc. v. Department of the Navygreen1 sentence1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. Hevro Realty Corp.
green
2 sentences1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). 1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). | 1 | 1992–1992 |
Utah State University of Agriculture & Applied Science v. Sutro & Co.
green
1 sentence1992Eminent authorities in accord, Prosser, The Law of Torts, § 132; 4 McQuillan, Municipal Corporations, § 12.208." 646 P.2d at 721 . | 1 | 1992–1992 |
Barr v. Matteo
green
2 sentences1992On appeal, the Utah Supreme Court, without any extensive discussion of authorities, came to this conclusion: “The generally recognized doctrine of law is that public officials are protected by a qualified immunity from suits growing out of the performance of lawfully authorized discretionary duties, so long as they are acting in good faith and are not guilty of any willful or intentional wrongdoing.16 16 See, e.g., Barr v. Matteo, 360 U.S. 564, 575 , 79 S.Ct. 1335, 1341 , 3 L.Ed.2d 1434 [1443-44] (1959); Smith v. Losee, 485 F.2d 334, at 343-344 ([10th Cir.] 1973). 1992On appeal, the Utah Supreme Court, without any extensive discussion of authorities, came to this conclusion: “The generally recognized doctrine of law is that public officials are protected by a qualified immunity from suits growing out of the performance of lawfully authorized discretionary duties, so long as they are acting in good faith and are not guilty of any willful or intentional wrongdoing.16 16 See, e.g., Barr v. Matteo, 360 U.S. 564, 575 , 79 S.Ct. 1335, 1341 , 3 L.Ed.2d 1434 [1443-44] (1959); Smith v. Losee, 485 F.2d 334, at 343-344 ([10th Cir.] 1973). | 1 | 1992–1992 |
Coastal Bay Golf Club, Inc. v. Holbein
green
1 sentence1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). | 1 | 1992–1992 |
Weintz v. Bumgarner
green
2 sentences1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). 1992See West Texas Transmission, L.P. v. Enron Corp., 907 F.2d 1554 (5th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1105 , 113 L.Ed.2d 215 (1991) (Texas law); Mercer v. Lemmens, supra; Smith v. Hevro Realty Corp., 199 Conn. 330 , 507 A.2d 980 (1986); Coastal Bay Golf Club, Inc. v. Holbein, 231 So.2d 854 (Fla.App.1970); Weintz v. Bumgarner, 150 Mont. 306 , 434 P.2d 712 (1967). | 1 | 1992–1992 |
Gauley Coal Land Company v. O'DELL
green
1 sentence1977In Gauley Coal Land Company v. O’Dell, 144 W. | 1 | 1977–1977 |
Collins v. Equitable Life Insurance
neutral
2 sentences1960Co., 122 W.Va. 171, 173 , 8 S.E.2d 825, 826 , 130 A.L.R. 287 . 1960Co., 122 W.Va. 171, 173 , 8 S.E.2d 825, 826 , 130 A.L.R. 287 . | 1 | 1960–1960 |
Baltimore & O. R. v. Deneen
neutral
1 sentence1948Therefore, the scope of this review is limited by the generally recognized principle known as “the law of the case”, for a general discussion of which under like circum *135 stances see Baltimore & Ohio Railroad Company v. Deneen, 167 F. 2d 799 . | 1 | 1948–1948 |
Adkins v. Huff
neutral
1 sentence1943Adkins v. Huff, 58 W. | 1 | 1943–1943 |
Perry v. Haritos
green
2 sentences1940“The spontaneity of the utterance is the guaranty of its trustworthiness.” Perry v. Haritos, 100 Conn. 476 , 124 Atl. 44, 47 . 1940“The spontaneity of the utterance is the guaranty of its trustworthiness.” Perry v. Haritos, 100 Conn. 476 , 124 Atl. 44, 47 . | 1 | 1940–1940 |
Stephenson's Administratrix v. Sharp's Executors
green
1 sentence1932The essence of the decision is thus stated in the headnote of the case: “A guest of the'driver of an automobile, who admits that, at the time of an accident in which he received an injury and for some time before, he was asleep on the back seat, knew nothing whatsoever about the journey, and was paying no attention to the road, cannot be found to have been in the exercise of due care and cannot recover in an action of tort against the driver of the automobile even if the driver were guilty of gross negligence.” In McDermott v. Sibert, 218 Ala. 670 , this terse statement is found: “It is the ge | 1 | 1932–1932 |
McDermott v. Sibert
green
1 sentence1932The essence of the decision is thus stated in the headnote of the case: “A guest of the'driver of an automobile, who admits that, at the time of an accident in which he received an injury and for some time before, he was asleep on the back seat, knew nothing whatsoever about the journey, and was paying no attention to the road, cannot be found to have been in the exercise of due care and cannot recover in an action of tort against the driver of the automobile even if the driver were guilty of gross negligence.” In McDermott v. Sibert, 218 Ala. 670 , this terse statement is found: “It is the ge | 1 | 1932–1932 |
Kinder v. Boomer Coal & Coke Co.
green
1 sentence1930Concerning the nature of the negligent act and whether it is such as would impute liability to the master, it is held in Kinder v. Coal & Coke Company, 82 W. | 1 | 1930–1930 |
Anania v. Norfolk & Western Railway Co.
green
1 sentence1916In Anania v. Railway Co., 77 W. | 1 | 1916–1916 |
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.