9 Mississippi opinions name it 2 courts 1966–2017 0 in the last five years
The cases below were cited by Mississippi 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 |
|---|---|---|
Morrow v. Caloric Appliance Corporationgreen2 sentences1968As was said in Morrow v. Caloric Appliance Corp., 372 S.W.2d 41, 55 (Mo. 1963), it should be `fit and reasonably safe for use by the "consumer" when used in the manner and for the purpose for which they are manufactured and sold * * *.' In other words, the Restatement rule of Section 402A `applies only where the product is, at the time it leaves the seller's hands, in a condition not contemplated by the ultimate consumer, which will be unreasonably dangerous to him,' or not reasonably safe. 1968As was said in Morrow v. Caloric Appliance Corp., 372 S.W.2d 41, 55 (Mo. 1963), it should be `fit and reasonably safe for use by the "consumer" when used in the manner and for the purpose for which they are manufactured and sold * * *.' In other words, the Restatement rule of Section 402A `applies only where the product is, at the time it leaves the seller's hands, in a condition not contemplated by the ultimate consumer, which will be unreasonably dangerous to him,' or not reasonably safe. | 2 | 2 |
Estate of White v. Rainbow Casino-Vicksburg P'ship, LPgreen2 sentences2008The trial judge directed a verdict in favor of these defendants at the close of the plaintiff's case, citing a lack of causation. [2] The Court of Appeals discussed Grisham and the Restatement standard in Estate of White v. Rainbow Casino-Vicksburg Partnership, L.P., 910 So.2d 713, 718-719 (Miss.Ct. 2008The trial judge directed a verdict in favor of these defendants at the close of the plaintiff's case, citing a lack of causation. [2] The Court of Appeals discussed Grisham and the Restatement standard in Estate of White v. Rainbow Casino-Vicksburg Partnership, L.P., 910 So.2d 713, 718-719 (Miss.Ct. | 1 | 2 |
Vick v. Cochrangreen1 sentence1989Boardman v. United Services Automobile Assoc., 470 So.2d 1024, 1031 (Miss. 1985); Vick v. Cochran, 316 So.2d 242, 246 (Miss. 1975); Fells v. Bowman, 274 So.2d 109, 112 (Miss. 1973). [7] The provision relied upon by the plaintiffs for the proposition that federal law imposes vicarious liability upon the lessors, bailors and owners of aircraft is contained in the "definitions" section of the Act and reads as follows: "Operation of aircraft" or "operate aircraft" means the use of aircraft, for the purpose of air navigation and includes the navigation of aircraft. | 1 | 1 |
Breckenridge v. Time, Inc.green2 sentences1989Breckenridge v. Time, Inc., 253 Miss. 835, 842 , 179 So.2d 781, 783 (1965); Mladinich v. Kohn, 250 Miss. 138, 147 , 164 So.2d 785, 789 (1964). [5] See Smith, Choice of Law in the United States, 38 Hastings L.J. 1041 , 1090-91 (1987); but see Selder, Rules of Choice of Law Versus Choice of Law Rules: Judicial Method in Conflicts Torts Cases, 44 Tenn.L.Rev. 975, 1009-12 (1977). [6] We have accepted and enforced the Restatement's issue by issue approach. 1989Breckenridge v. Time, Inc., 253 Miss. 835, 842 , 179 So.2d 781, 783 (1965); Mladinich v. Kohn, 250 Miss. 138, 147 , 164 So.2d 785, 789 (1964). [5] See Smith, Choice of Law in the United States, 38 Hastings L.J. 1041 , 1090-91 (1987); but see Selder, Rules of Choice of Law Versus Choice of Law Rules: Judicial Method in Conflicts Torts Cases, 44 Tenn.L.Rev. 975, 1009-12 (1977). [6] We have accepted and enforced the Restatement's issue by issue approach. | 1 | 1 |
Mladinich v. Kohngreen2 sentences1989Breckenridge v. Time, Inc., 253 Miss. 835, 842 , 179 So.2d 781, 783 (1965); Mladinich v. Kohn, 250 Miss. 138, 147 , 164 So.2d 785, 789 (1964). [5] See Smith, Choice of Law in the United States, 38 Hastings L.J. 1041 , 1090-91 (1987); but see Selder, Rules of Choice of Law Versus Choice of Law Rules: Judicial Method in Conflicts Torts Cases, 44 Tenn.L.Rev. 975, 1009-12 (1977). [6] We have accepted and enforced the Restatement's issue by issue approach. 1989Breckenridge v. Time, Inc., 253 Miss. 835, 842 , 179 So.2d 781, 783 (1965); Mladinich v. Kohn, 250 Miss. 138, 147 , 164 So.2d 785, 789 (1964). [5] See Smith, Choice of Law in the United States, 38 Hastings L.J. 1041 , 1090-91 (1987); but see Selder, Rules of Choice of Law Versus Choice of Law Rules: Judicial Method in Conflicts Torts Cases, 44 Tenn.L.Rev. 975, 1009-12 (1977). [6] We have accepted and enforced the Restatement's issue by issue approach. | 1 | 1 |
Fells v. Bowmangreen1 sentence1989Boardman v. United Services Automobile Assoc., 470 So.2d 1024, 1031 (Miss. 1985); Vick v. Cochran, 316 So.2d 242, 246 (Miss. 1975); Fells v. Bowman, 274 So.2d 109, 112 (Miss. 1973). [7] The provision relied upon by the plaintiffs for the proposition that federal law imposes vicarious liability upon the lessors, bailors and owners of aircraft is contained in the "definitions" section of the Act and reads as follows: "Operation of aircraft" or "operate aircraft" means the use of aircraft, for the purpose of air navigation and includes the navigation of aircraft. | 1 | 1 |
Boardman v. United Services Auto. Ass'ngreen1 sentence1989Boardman v. United Services Automobile Assoc., 470 So.2d 1024, 1031 (Miss. 1985); Vick v. Cochran, 316 So.2d 242, 246 (Miss. 1975); Fells v. Bowman, 274 So.2d 109, 112 (Miss. 1973). [7] The provision relied upon by the plaintiffs for the proposition that federal law imposes vicarious liability upon the lessors, bailors and owners of aircraft is contained in the "definitions" section of the Act and reads as follows: "Operation of aircraft" or "operate aircraft" means the use of aircraft, for the purpose of air navigation and includes the navigation of aircraft. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Abbott v. United Venture Capital, Inc.
green
2 sentences1996In Abbott v. United Venture Capital, Inc., 718 F. Supp. 828 (D.Nev. 1989), the court utilized the Restatement analysis to determine when the termination element of a malicious prosecution claim is satisfied. 1996Moreover, Joiner does not dispute the finding that "the parties affected regarded the October 10, 1991 Order as a final disposition of the third party claim of Principal against Joiner." The deposition of Principal's attorney reveals that he "accepted the October 10, 1991 Order as final" since "Principal was in a mode of getting out of the liability business in Mississippi ... [and] they were just anxious to close the entire file." In light of the Restatement analysis in Abbott, supra ; the factual findings made by Judges Lee and Bailey; and the correspondence between attorneys, it is clear th | 2 | 1994–1996 |
New Meadows Holding Co. v. Washington Water Power Co.
green
2 sentences2017As in New Meadows Holding Co. , 687 P.2d at 216 , we too concede factors (a) and (b). ¶ 40. 2017As in New Meadows Holding Co. , 687 P.2d at 216 , we too concede factors (a) and (b). ¶ 40. | 1 | 2017–2017 |
Stringer v. State
green
1 sentence1986Rule 401, Miss.R.Ev. [2] I do not regard the provisions of Rules 401-403, Miss.R.Ev., effective January 1, 1986, as accomplishing anything other than a restatement in rule form of legal principles long in effect in this state. [3] See Stringer v. State, 491 So.2d 837 (Miss. 1986). | 1 | 1986–1986 |
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.