policy behind rule (North Carolina) · Go Syfert
← North Carolina issues

policy behind rule in North Carolina

10 North Carolina opinions name it 1 courts 1995–2011 0 in the last five years

The cases below were cited by North Carolina 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 (6)

CaseFollowedCited
Thomas v. . Houstongreen
nc · 1921 · cited in 2 North Carolina opinions naming this issue, 2006–2011
2 sentences

2011The policy behind this principle is stated succinctly: “Wills are made by testators, not by witnesses.” Thomas v. Houston, 181 N.C. 91, 94 , 106 S.E. 466, 468 (1921).

2011The policy behind this principle is stated succinctly: “Wills are made by testators, not by witnesses.” Thomas v. Houston, 181 N.C. 91, 94 , 106 S.E. 466, 468 (1921).

22
Fisher v. Thompsongreen
ncctapp · 1981 · cited in 2 North Carolina opinions naming this issue, 2000–2006
2 sentences

2006“The policy behind the rule is to prevent a tortfeasor from *639 ‘reducing] his own liability for damages by the amount of compensation the injured party receives from an independent source.’ ” Id. (quoting Fisher v. Thompson, 50 N.C.

2000The policy behind the rule is to prevent a tortfeasor from “reduc[ing] his own liability for damages by the amount of compensation the injured party receives from an independent source.” Fisher v. Thompson, 50 N.C.

22
Langnes v. Greengreen
scotus · 1931 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999It takes account of the law and the particular circumstances of the case, and is ‘directed by the reason and conscience of the judge as to ajúst result’.” Duncan, 270 N.C. at 245 , 154 S.E.2d at 57 (quoting Langnes v. Green, 282 U.S. 531, 541 , 75 L.

1999It takes account of the law and the particular circumstances of the case, and is ‘directed by the reason and conscience of the judge as to ajúst result’.” Duncan, 270 N.C. at 245 , 154 S.E.2d at 57 (quoting Langnes v. Green, 282 U.S. 531, 541 , 75 L.

11
Florek v. Borror Realty Co.green
ncctapp · 1998 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999Florek v. Borror Realty Co., 129 N.C.App. 832, 836 , 501 S.E.2d 107, 109 (1998) (quoting Jarrell v. Coastal Emergency Services of the Carolinas, 121 N.C.App. 198, 201 , 464 S.E.2d 720, 722-23 (1995)).

1999Florek v. Borror Realty Co., 129 N.C.App. 832, 836 , 501 S.E.2d 107, 109 (1998) (quoting Jarrell v. Coastal Emergency Services of the Carolinas, 121 N.C.App. 198, 201 , 464 S.E.2d 720, 722-23 (1995)).

11
Jarrell v. Coastal Emergency Services of the Carolinas, Inc.green
ncctapp · 1995 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999Florek v. Borror Realty Co., 129 N.C.App. 832, 836 , 501 S.E.2d 107, 109 (1998) (quoting Jarrell v. Coastal Emergency Services of the Carolinas, 121 N.C.App. 198, 201 , 464 S.E.2d 720, 722-23 (1995)).

1999Florek v. Borror Realty Co., 129 N.C.App. 832, 836 , 501 S.E.2d 107, 109 (1998) (quoting Jarrell v. Coastal Emergency Services of the Carolinas, 121 N.C.App. 198, 201 , 464 S.E.2d 720, 722-23 (1995)).

11
State v. Littlejohngreen
nc · 1965 · cited in 1 North Carolina opinions naming this issue, 1995–1995
2 sentences

1995State v. Littlejohn, 264 N.C. 571, 574 , 142 S.E.2d 132, 134 (1965).

1995State v. Littlejohn, 264 N.C. 571, 574 , 142 S.E.2d 132, 134 (1965).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Badgett v. Davis green
ncctapp · 1991
1 sentence

2006“The policy behind the rule is to prevent a tortfeasor from *639 ‘reducing] his own liability for damages by the amount of compensation the injured party receives from an independent source.’ ” Id. (quoting Fisher v. Thompson, 50 N.C.

12006–2006
Romig v. Jefferson-Pilot Life Insurance green
ncctapp · 1999
1 sentence

2002Co., 132 N.C.

12002–2002
In Re the Appeal of AMP Inc. green
nc · 1975
2 sentences

2001If the presumption did not attach, then every taxpayer would have unlimited freedom to challenge the valuation placed upon his property, regardless of the merit of such challenge.” In re Appeal of Amp, Inc., 287 N.C. at 563 , 215 S.E.2d at 762 .

2001If the presumption did not attach, then every taxpayer would have unlimited freedom to challenge the valuation placed upon his property, regardless of the merit of such challenge.” In re Appeal of Amp, Inc., 287 N.C. at 563 , 215 S.E.2d at 762 .

12001–2001
State v. Duncan green
nc · 1967
2 sentences

1999It takes account of the law and the particular circumstances of the case, and is ‘directed by the reason and conscience of the judge as to ajúst result’.” Duncan, 270 N.C. at 245 , 154 S.E.2d at 57 (quoting Langnes v. Green, 282 U.S. 531, 541 , 75 L.

1999It takes account of the law and the particular circumstances of the case, and is ‘directed by the reason and conscience of the judge as to ajúst result’.” Duncan, 270 N.C. at 245 , 154 S.E.2d at 57 (quoting Langnes v. Green, 282 U.S. 531, 541 , 75 L.

11999–1999
Clerk of Superior Court of Guilford County v. Guilford Builders Supply Co. green
ncctapp · 1987
1 sentence

1998Id.

11998–1998

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 57 (1968–2026) CA 41 (1955–2025) IL 41 (1973–2022) PA 32 (1937–2014) CT 31 (1975–2024) MD 28 (1975–2026) FL 27 (1984–2025) ME 23 (1983–2024) WA 21 (1970–2024) LA 17 (1982–2025) TN 15 (2001–2019) NY 14 (1966–2018) IN 13 (1958–2016) AL 12 (1981–2017) MN 12 (1968–2004) MO 12 (1972–2014) MI 12 (1966–2024) NJ 11 (1972–2001) NC 10 (1995–2011) MA 9 (1983–2005) AK 7 (1980–2016) WI 7 (1965–2022) AZ 7 (1971–2009) UT 7 (1993–2019) NM 6 (1994–2007) OH 6 (1997–2023) GA 6 (1981–2015) ID 5 (2002–2023) MS 5 (1988–2014) NV 5 (1979–2000) AR 5 (1998–2020) WV 4 (1984–2017) NH 4 (1957–2016) CO 4 (1996–2004) DE 4 (1978–2019) OK 3 (1987–2013) MT 3 (1989–2012) DC 3 (1994–2009) IA 3 (1982–2000) OR 3 (1982–1987) KY 2 (1985–2013) ND 2 (2020–2020) VA 2 (1999–2006) NE 2 (2005–2025) RI 2 (1983–2001) HI 2 (2022–2025) WY 2 (2009–2011)

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.

← Caselaw search · G Cite Topics · Brief Check