Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Idaho opinions name it 1 courts 1966–2011 0 in the last five years
The cases below were cited by Idaho 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 |
|---|---|---|
Volk v. Baldazogreen2 sentences1990See The Genesis of Wrongful Death, 17 Stanford L.Rev. 1043 (1964); Vulk v. Haley, 112 Idaho 855 , 736 P.2d 1309 (1987); Volk v. Baldazo, 103 Idaho 570, 573 , 651 P.2d 11, 14 (1982) ("We deem it well settled that statutes authorizing actions for wrongful death are remedial in nature, designed to alleviate the harsh rule of common law that if an injured person died, his cause of action ceases to exist."). 1990See The Genesis of Wrongful Death, 17 Stanford L.Rev. 1043 (1964); Vulk v. Haley, 112 Idaho 855 , 736 P.2d 1309 (1987); Volk v. Baldazo, 103 Idaho 570, 573 , 651 P.2d 11, 14 (1982) ("We deem it well settled that statutes authorizing actions for wrongful death are remedial in nature, designed to alleviate the harsh rule of common law that if an injured person died, his cause of action ceases to exist."). | 2 | 3 |
Vaillancourt v. Medical Center Hospital of Vermont, Inc.green2 sentences1987Vaillancourt v. Medical Center Hospital of Vermont, Inc., 139 Vt. 138 , 425 A.2d 92 *33 (1980); Salazar v. St. 1987Vaillancourt v. Medical Center Hospital of Vermont, Inc., 139 Vt. 138 , 425 A.2d 92 *33 (1980); Salazar v. St. | 1 | 2 |
Baker v. Ore-Ida Foods, Inc.green2 sentences2011As we explained in Baker v. Ore-Ida Foods, Inc., 95 Idaho 575, 581-82 , 513 P.2d 627, 633-34 (1973): “Noh suggests that a senior appropriator of ground water is forever protected from any interference with his method of diversion____ Apparently our Ground Water Act was intended to eliminate the harsh doctrine of Noh.” The 1953 amendment recognized that in order for there to be full economic development of underground water resources, a senior appropriator with a shallow well should not be able to block subsequent appropriators of groundwater. 2011As we explained in Baker v. Ore-Ida Foods, Inc., 95 Idaho 575, 581-82 , 513 P.2d 627, 633-34 (1973): “Noh suggests that a senior appropriator of ground water is forever protected from any interference with his method of diversion____ Apparently our Ground Water Act was intended to eliminate the harsh doctrine of Noh.” The 1953 amendment recognized that in order for there to be full economic development of underground water resources, a senior appropriator with a shallow well should not be able to block subsequent appropriators of groundwater. | 1 | 1 |
Bethke v. Idaho Sav. & Loan Associationgreen2 sentences1983Such harshness appears to be the intent of the legislature as necessary to the elimination — or the holding to a minimum — of the exacting of usurious rates of interest.” Freedman v. Hendershott, 77 Idaho 213, 219 , 290 P.2d 738, 741 (1955); see also Bethke v. Idaho Savings & Loan Association, 93 Idaho 410, 414 , 462 P.2d 503, 507 (1969). 1983Such harshness appears to be the intent of the legislature as necessary to the elimination — or the holding to a minimum — of the exacting of usurious rates of interest.” Freedman v. Hendershott, 77 Idaho 213, 219 , 290 P.2d 738, 741 (1955); see also Bethke v. Idaho Savings & Loan Association, 93 Idaho 410, 414 , 462 P.2d 503, 507 (1969). | 1 | 1 |
Freedman v. Hendershottgreen2 sentences1983Such harshness appears to be the intent of the legislature as necessary to the elimination — or the holding to a minimum — of the exacting of usurious rates of interest.” Freedman v. Hendershott, 77 Idaho 213, 219 , 290 P.2d 738, 741 (1955); see also Bethke v. Idaho Savings & Loan Association, 93 Idaho 410, 414 , 462 P.2d 503, 507 (1969). 1983Such harshness appears to be the intent of the legislature as necessary to the elimination — or the holding to a minimum — of the exacting of usurious rates of interest.” Freedman v. Hendershott, 77 Idaho 213, 219 , 290 P.2d 738, 741 (1955); see also Bethke v. Idaho Savings & Loan Association, 93 Idaho 410, 414 , 462 P.2d 503, 507 (1969). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jaynes v. Potlatch Forests, Inc.
green
2 sentences1986The Clear-water case and its progeny were expressly overruled in Jaynes v. Potlatch Forests, supra. A case arising out of an accident at the same crossing, the Court in Jaynes granted compensation because of ‘... a recognition of the causal connection between the conditions under which an employee must approach and leave the premises of the employer and the occurrence of the injury; ... ’ (Emphasis added.) 75 Idaho at 302 , 271 P.2d at 1018 . 1986The Clear-water case and its progeny were expressly overruled in Jaynes v. Potlatch Forests, supra. A case arising out of an accident at the same crossing, the Court in Jaynes granted compensation because of ‘... a recognition of the causal connection between the conditions under which an employee must approach and leave the premises of the employer and the occurrence of the injury; ... ’ (Emphasis added.) 75 Idaho at 302 , 271 P.2d at 1018 . | 2 | 1977–1986 |
Vulk v. Haley
green
2 sentences1990See The Genesis of Wrongful Death, 17 Stanford L.Rev. 1043 (1964); Vulk v. Haley, 112 Idaho 855 , 736 P.2d 1309 (1987); Volk v. Baldazo, 103 Idaho 570, 573 , 651 P.2d 11, 14 (1982) ("We deem it well settled that statutes authorizing actions for wrongful death are remedial in nature, designed to alleviate the harsh rule of common law that if an injured person died, his cause of action ceases to exist."). 1990See The Genesis of Wrongful Death, 17 Stanford L.Rev. 1043 (1964); Vulk v. Haley, 112 Idaho 855 , 736 P.2d 1309 (1987); Volk v. Baldazo, 103 Idaho 570, 573 , 651 P.2d 11, 14 (1982) ("We deem it well settled that statutes authorizing actions for wrongful death are remedial in nature, designed to alleviate the harsh rule of common law that if an injured person died, his cause of action ceases to exist."). | 1 | 1990–1990 |
Meissner v. Smith
green
2 sentences1982The actions authorized by that legislation served two purposes or policies, the first of which is to provide damages to those parties authorized to bring wrongful death actions, Meissner v. Smith, 94 Idaho 563 , 494 P.2d 567 (1972), and the second of which is to deter wrongful conduct through the imposition of civil liability. 1982The actions authorized by that legislation served two purposes or policies, the first of which is to provide damages to those parties authorized to bring wrongful death actions, Meissner v. Smith, 94 Idaho 563 , 494 P.2d 567 (1972), and the second of which is to deter wrongful conduct through the imposition of civil liability. | 1 | 1982–1982 |
Smith v. Smith
green
2 sentences1966It would, indeed, be a harsh rule which would, under such circumstances, authorize a judicial determination by which the natural right of the parents to the custody and control of their children would be forever severed.” 67 Idaho at 353 , 180 P.2d at 855 . 1966It would, indeed, be a harsh rule which would, under such circumstances, authorize a judicial determination by which the natural right of the parents to the custody and control of their children would be forever severed.” 67 Idaho at 353 , 180 P.2d at 855 . | 1 | 1966–1966 |
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.
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.