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10 Michigan opinions name it 1 courts 1895–2010 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.
| Case | Followed | Cited |
|---|---|---|
Montgomery v. Stephangreen2 sentences2010L. & Pol. 299, 309 (2004); see also Montgomery, 359 Mich. at 49 , 101 N.W.2d 227 ("The reasons for the old rule no longer obtaining, the rule falls with it."); [18] James v. Alberts, 464 Mich. 12, 17 , 626 N.W.2d 158 (2001) (abolishing the volunteer doctrine because "the fellow-servant rule, which created the need for the volunteer doctrine, was no longer part of our law"). 2010Wide enough in all conscience is the field of. discretion that remains. [Quotation marks and citations omitted.[ 17 ] It is also the case that “endeavoring to uncover the doctrinal underpinnings of common-law rules can be an effective — if not essential — way of determining whether a suggested [clarification or] change [to a common-law rule] is warranted.” Young, A judicial traditionalist confronts the common law, 8 Texas Rev L & Pol 299,309 (2004); see also Montgomery, 359 Mich at 49 (“The reasons for the old rule no longer obtaining, the rule falls with it.”); 18 James v Alberts, 464 Mich 12 | 1 | 1 |
Felgner v. Andersongreen2 sentences2001See Felgner v Anderson, 375 Mich 23, 32 ; 133 NW2d 136 (1965). 2001See Felgner v Anderson, 375 Mich 23, 32 ; 133 NW2d 136 (1965). | 1 | 1 |
Seaboard Air Line Railway v. Hortongreen1 sentence1917At the same time, in saving the defense of assumption of risk in cases other than those where the violation 'by the- carrier of a statute enacted for the safety of employees may contribute to the injury or death of an employee (Seaboard Air Line v. Horton, 233 U. S. 492, 502 [34 Sup. Ct. 635, L. | 1 | 1 |
Randa v. Detroit Screw Worksgreen1 sentence1912If it is one which it is the duty of the master to do, like keeping a machine in repair, the master is responsible for injuries resulting from negligence therein.” Randa v. Screw Works, 134 Mich. 343, 346 ( 96 N. W. 454, 455 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
James v. Alberts
green
2 sentences2010Wide enough in all conscience is the field of. discretion that remains. [Quotation marks and citations omitted.[ 17 ] It is also the case that “endeavoring to uncover the doctrinal underpinnings of common-law rules can be an effective — if not essential — way of determining whether a suggested [clarification or] change [to a common-law rule] is warranted.” Young, A judicial traditionalist confronts the common law, 8 Texas Rev L & Pol 299,309 (2004); see also Montgomery, 359 Mich at 49 (“The reasons for the old rule no longer obtaining, the rule falls with it.”); 18 James v Alberts, 464 Mich 12 2010Wide enough in all conscience is the field of. discretion that remains. [Quotation marks and citations omitted.[ 17 ] It is also the case that “endeavoring to uncover the doctrinal underpinnings of common-law rules can be an effective — if not essential — way of determining whether a suggested [clarification or] change [to a common-law rule] is warranted.” Young, A judicial traditionalist confronts the common law, 8 Texas Rev L & Pol 299,309 (2004); see also Montgomery, 359 Mich at 49 (“The reasons for the old rule no longer obtaining, the rule falls with it.”); 18 James v Alberts, 464 Mich 12 | 1 | 2010–2010 |
Crilly v. Ballou
green
1 sentence1985Crilly v Ballou, 353 Mich *316 303, 307-308; 91 NW2d 493 (1958). | 1 | 1985–1985 |
Kruy v. Smith
green
2 sentences1933Whether one is a 'guest' must often resolve itself into a question of fact, to be determined by the jury under appropriate instructions from the court. * * * In the application of the fellow-servant doctrine, numerous cases have arisen where an employee suffered injury while being transported to or from the place of employment *Page 697 in a vehicle of his employer." Kruy v. Smith , 108 Conn. 628 ( 144 A. 304 ). 1933Whether one is a 'guest' must often resolve itself into a question of fact, to be determined by the jury under appropriate instructions from the court. * * * In the application of the fellow-servant doctrine, numerous cases have arisen where an employee suffered injury while being transported to or from the place of employment *Page 697 in a vehicle of his employer." Kruy v. Smith , 108 Conn. 628 ( 144 A. 304 ). | 1 | 1933–1933 |
Moronen v. McDonnell
neutral
2 sentences1915Likewise in the case of Moronen v. McDonnell, 177 Mich. 691 ( 143 N. W. 8 ), although the plaintiff was. an employee of the defendant, at the time of the accident he was not at work. 1915Likewise in the case of Moronen v. McDonnell, 177 Mich. 691 ( 143 N. W. 8 ), although the plaintiff was. an employee of the defendant, at the time of the accident he was not at work. | 1 | 1915–1915 |
Dickinson v. West End Street Railway Co.
green
2 sentences1913Dickinson v. Railway Co., 177 Mass. 365 ( 59 N. E. 60 , 52 L. 1913Dickinson v. Railway Co., 177 Mass. 365 ( 59 N. E. 60 , 52 L. | 1 | 1913–1913 |
Sanitas Nut Food Co. v. Cemer
neutral
1 sentence1912If it is one which it is the duty of the master to do, like keeping a machine in repair, the master is responsible for injuries resulting from negligence therein.” Randa v. Screw Works, 134 Mich. 343, 346 ( 96 N. W. 454, 455 ). | 1 | 1912–1912 |
Guest v. Edison Illuminating Co.
green
1 sentence1908Guest v. Illuminating Co., 150 Mich. 438 ; Younggren v. I. | 1 | 1908–1908 |
McDonald v. Michigan Central Railroad
green
1 sentence1895McDonald v. Railroad Co. (December 30, 1895, 65 N. W. 597 ), and Perry v. Railroad Co. (Decem ber 31, 1895, 65 N. W. 608 ). | 1 | 1895–1895 |
Perry v. Michigan Central Railroad
green
1 sentence1895McDonald v. Railroad Co. (December 30, 1895, 65 N. W. 597 ), and Perry v. Railroad Co. (Decem ber 31, 1895, 65 N. W. 608 ). | 1 | 1895–1895 |
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.