emergency doctrine (Alaska) · Go Syfert
← Alaska issues

emergency doctrine in Alaska

8 Alaska opinions name it 2 courts 1966–2012 0 in the last five years

The cases below were cited by Alaska 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 (21)

CaseFollowedCited
State v. Myersgreen
alaska · 1979 · cited in 1 Alaska opinions naming this issue, 2012–2012
2 sentences

2012Id. at 609-10. [61] 601 P.2d at 245-47 (Boochever, C.J., dissenting). [62] Id. at 247-48 (discussing Schraff 's listing of exceptions to warrant requirement and concluding only emergency aid exception possible under facts of case). [63] Id. at 251 . [64] Id. at 250-51 . [65] 640 P.2d 837 .

2012Id. at 609-10. [61] 601 P.2d at 245-47 (Boochever, C.J., dissenting). [62] Id. at 247-48 (discussing Schraff 's listing of exceptions to warrant requirement and concluding only emergency aid exception possible under facts of case). [63] Id. at 251 . [64] Id. at 250-51 . [65] 640 P.2d 837 .

11
People v. Mitchellred
ny · 1976 · cited in 1 Alaska opinions naming this issue, 2012–2012
2 sentences

2012Id. at 609-10. . 601 P.2d at 245-47 (Boochever, C.J., dissenting). .

2012Id. at 609-10. [61] 601 P.2d at 245-47 (Boochever, C.J., dissenting). [62] Id. at 247-48 (discussing Schraff 's listing of exceptions to warrant requirement and concluding only emergency aid exception possible under facts of case). [63] Id. at 251 . [64] Id. at 250-51 . [65] 640 P.2d 837 .

11
Peloza v. Freasgreen
alaska · 1994 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Citizens Coalition for Tort Reform, Inc. v. McAlpinegreen
alaska · 1991 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Feichtinger v. Conantgreen
alaska · 1995 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Johnson v. Taitgreen
alaska · 1989 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Alaska Center for the Environment v. Ruegreen
alaska · 2004 · cited in 1 Alaska opinions naming this issue, 2006–2006
2 sentences

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Krohn v. State, Department of Fish & Gamegreen
alaska · 1997 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
O'CALLAGHAN v. Stategreen
alaska · 1996 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Koyukuk River Tribal Task Force on Moose Management v. Ruegreen
alaska · 2003 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Rutgers v. Pilusogreen
nj · 1972 · cited in 1 Alaska opinions naming this issue, 2006–2006
2 sentences

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

11
Anchorage v. Cookgreen
alaska · 1979 · cited in 1 Alaska opinions naming this issue, 1988–1988
1 sentence

1988Anchorage v. Cook, 598 P.2d 939, 942 (Alaska 1979).

11
Schraff v. Stategreen
alaska · 1975 · cited in 1 Alaska opinions naming this issue, 1979–1979
1 sentence

1979See Schraff v. State, 544 P.2d 834, 841-43 (Alaska 1975).

11
Rogers v. Dubielgreen
alaska · 1962 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975See Spillers v. Simons, 42 Mich. App. 101 , 201 N.W.2d 374 (1972); Flynn v. Little, 141 N.E.2d 182 (Ohio App. 1957); Squires v. McLaughlin, 44 Wash.2d 43 , 265 P.2d 265 (1953). [1] See Rogers v. Dubiel, 373 P.2d 295 at 297 (Alaska 1962), involving application of brakes while driving on ice, although not referring to the emergency doctrine. [2] Restatement (Second) of Torts (1965) § 296(1) quoted at page 1 (of dissent) supra. Backing a vehicle without looking or sounding a warning constitutes negligence.

1975See Rogers v. Dubiel, 373 P.2d 295 at 297 (Alaska 1962), involving application of brakes while driving on ice, although not referring to the emergency doctrine. .

11
United States v. Rabinowitzred
scotus · 1950 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

11
People v. Smithgreen
cal · 1972 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

11
McCoy v. Stategreen
alaska · 1971 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975See also McCoy v. State, 491 P.2d 127, 141 (Alaska 1971) (Rabinowitz, J. and Connor, J. dissenting in part). [1] The emergency doctrine is based on a showing of a true necessity — that is, an imminent and substantial threat to life, health or property.

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

11
Vale v. Louisianagreen
scotus · 1970 · cited in 1 Alaska opinions naming this issue, 1975–1975
11
Lee Ex Rel. Lee v. Stategreen
alaska · 1971 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975Lee v. State, 490 P.2d 1206, 1209-10 (Alaska 1971).

1975Lee v. State, 490 P.2d 1206, 1209-10 (Alaska 1971).

11
Spillers v. Simonsgreen
michctapp · 1972 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975See Spillers v. Simons, 42 Mich. App. 101 , 201 N.W.2d 374 (1972); Flynn v. Little, 141 N.E.2d 182 (Ohio App. 1957); Squires v. McLaughlin, 44 Wash.2d 43 , 265 P.2d 265 (1953). [1] See Rogers v. Dubiel, 373 P.2d 295 at 297 (Alaska 1962), involving application of brakes while driving on ice, although not referring to the emergency doctrine. [2] Restatement (Second) of Torts (1965) § 296(1) quoted at page 1 (of dissent) supra. Backing a vehicle without looking or sounding a warning constitutes negligence.

1975See Spillers v. Simons, 42 Mich. App. 101 , 201 N.W.2d 374 (1972); Flynn v. Little, 141 N.E.2d 182 (Ohio App. 1957); Squires v. McLaughlin, 44 Wash.2d 43 , 265 P.2d 265 (1953). [1] See Rogers v. Dubiel, 373 P.2d 295 at 297 (Alaska 1962), involving application of brakes while driving on ice, although not referring to the emergency doctrine. [2] Restatement (Second) of Torts (1965) § 296(1) quoted at page 1 (of dissent) supra. Backing a vehicle without looking or sounding a warning constitutes negligence.

11
Brandes v. Freitasgreen
calctapp · 1931 · cited in 1 Alaska opinions naming this issue, 1975–1975
2 sentences

1975See Brandes v. Freitas, 116 Cal. App. 459 , 2 P.2d 830, 831 (1931).

1975See Brandes v. Freitas, 116 Cal. App. 459 , 2 P.2d 830, 831 (1931).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (16)

CaseCitedYears
Gallmeyer v. State green
alaskactapp · 1982
1 sentence

2012Id. at 609-10. [61] 601 P.2d at 245-47 (Boochever, C.J., dissenting). [62] Id. at 247-48 (discussing Schraff 's listing of exceptions to warrant requirement and concluding only emergency aid exception possible under facts of case). [63] Id. at 251 . [64] Id. at 250-51 . [65] 640 P.2d 837 .

12012–2012
Native Village of Eklutna v. Alaska Railroad green
alaska · 2004
2 sentences

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

12006–2006
Burke v. Barnes green
scotus · 1987
2 sentences

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

2006The power conferred by this section is exercised for the common health, safety, and welfare of the public and to the extent constitutionally permissible, may not be limited by the terms and conditions of leases, contracts, or other transactions. [16] Eklutna II, 87 P.3d at 47 . [17] Id. at 54-55 . [18] Id. (quoting Rutgers, State Univ. v. Piluso, 60 N.J. 142 , 286 A.2d 697, 702 (1972)). [19] Id. at 55. [20] Id. [21] AS 42.40.190(b) provides that an emergency rule adopted by the Railroad Board remains in effect "for not more than 120 days." [22] The proposed legislation, contained in Senate Bil

12006–2006
McClymont v. Morgan green
neb · 1991
1 sentence

1996Id. *1206 Other courts, while not banning the instruction altogether, have strongly discouraged its use.

11996–1996
Minnis v. Friend green
ill · 1935
11975–1975
United States v. Jeffers green
scotus · 1951
2 sentences

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

1975People v. Smith, 7 Cal.3d 282 , 101 Cal. Rptr. 893 , 496 P.2d 1261, 1263 (1972); see also Vale v. Louisiana, 399 U.S. 30, 35 , 90 S.Ct. 1969, 1972 , 26 L.Ed.2d 409, 414 (1970); United States v. Jeffers, 342 U.S. 48, 52 , 72 S.Ct. 93, 95 , 96 L.Ed. 59 , 64 (1951). [1] 491 P.2d at 131 . [2] United States v. Rabinowitz, 339 U.S. 56, 72 , 70 S.Ct. 430, 437 , 94 L.Ed. 653, 663-64 (1950) (citations omitted). [3] 491 P.2d at 141 . [4] I cannot accept the majority's statement that "... the packet was not firmly within police custody at the time that it was seized." In the case at bar there were appare

11975–1975
Ferrell v. Baxter green
alaska · 1971
2 sentences

1975Essentially the same situation arose in Ferrell v. Baxter, 484 P.2d 250 (Alaska 1971), where the trial court refused to supplement a general negligence instruction with an emergency instruction because the latter was "redundant" and therefore "improper".

1975Essentially the same situation arose in Ferrell v. Baxter, 484 P.2d 250 (Alaska 1971), where the trial court refused to supplement a general negligence instruction with an emergency instruction because the latter was “redundant” and therefore “improper”.

11975–1975
Reese v. Buhle green
illappct · 1958
2 sentences

1975App.2d 13 , 147 N.E.2d 431 (1957), an emergency instruction was held improper because it was "inconsistent" with the defendant's legal duty to anticipate certain types of conduct, and hence was inappropriate under the facts of that case.

1975In Reese v. Buhle, 16 Ill.App.2d 13 , 147 N.E.2d 431 (1957), an emergency instruction was held improper because it was “inconsistent” with the defendant’s legal duty to anticipate certain types of conduct, and hence was inappropriate under the facts of that case.

11975–1975
Squires v. McLaughlin green
wash · 1953
2 sentences

1975See Spillers v. Simons, 42 Mich. App. 101 , 201 N.W.2d 374 (1972); Flynn v. Little, 141 N.E.2d 182 (Ohio App. 1957); Squires v. McLaughlin, 44 Wash.2d 43 , 265 P.2d 265 (1953). [1] See Rogers v. Dubiel, 373 P.2d 295 at 297 (Alaska 1962), involving application of brakes while driving on ice, although not referring to the emergency doctrine. [2] Restatement (Second) of Torts (1965) § 296(1) quoted at page 1 (of dissent) supra. Backing a vehicle without looking or sounding a warning constitutes negligence.

1975See Spillers v. Simons, 42 Mich. App. 101 , 201 N.W.2d 374 (1972); Flynn v. Little, 141 N.E.2d 182 (Ohio App. 1957); Squires v. McLaughlin, 44 Wash.2d 43 , 265 P.2d 265 (1953). [1] See Rogers v. Dubiel, 373 P.2d 295 at 297 (Alaska 1962), involving application of brakes while driving on ice, although not referring to the emergency doctrine. [2] Restatement (Second) of Torts (1965) § 296(1) quoted at page 1 (of dissent) supra. Backing a vehicle without looking or sounding a warning constitutes negligence.

11975–1975
Flynn v. Little neutral
ohioctapp · 1957
11975–1975
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

1975In Schneckloth v. Bustamonte, 412 U.S. 218, 224 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), the court reiterated that consent must be voluntary and stated that conduct while drugged does not meet that requirement. [10] An extended analysis of the emergency exception was offered by Chief Justice Warren Burger, when he was sitting as an appellate judge on the D.C.

1975In Schneckloth v. Bustamonte, 412 U.S. 218, 224 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), the court reiterated that consent must be voluntary and stated that conduct while drugged does not meet that requirement. [10] An extended analysis of the emergency exception was offered by Chief Justice Warren Burger, when he was sitting as an appellate judge on the D.C.

11975–1975
Meyst v. East Fifth Avenue Service, Inc. green
alaska · 1965
2 sentences

1975This holding, with which our own decisions in Meyst v. East Fifth Avenue Service Inc., 401 P.2d 430 (Alaska 1963) and Ferrell v. Baxter, 484 P.2d 250 (Alaska 1971), agree, is not dispositive of the issue in the instant case.

1975This holding, with which our own decisions in Meyst v. East Fifth Avenue Service Inc., 401 P.2d 430 (Alaska 1963) and Ferrell v. Baxter, 484 P.2d 250 (Alaska 1971), agree, is not dispositive of the issue in the instant case.

11975–1975
State ex rel. Nienaber v. District Court neutral
minn · 1917
11966–1966
Kangas v. Standard Accident Insurance green
minn · 1917
11966–1966
Rooney v. Overseas Ry., Inc. green
la · 1931
11966–1966
Ranson-Rooney v. Overseas Railway, Inc. neutral
lactapp · 1931
11966–1966

Where else courts name it

NY 585 (1888–2026) TX 300 (1889–2025) AR 141 (1914–2023) WA 120 (1908–2025) WI 85 (1928–2025) IL 66 (1881–2026) OR 64 (1899–2025) KS 63 (1939–2024) CA 60 (1909–2026) MO 53 (1908–2023) MN 50 (1937–2018) FL 43 (1945–2022) CT 40 (1958–2024) MI 35 (1936–2026) MA 33 (1938–2024) NE 33 (1896–2024) ND 33 (1890–2021) OK 33 (1925–2014) MD 27 (1960–2019) GA 27 (1962–2024) CO 27 (1916–2022) OH 25 (1952–2025) KY 22 (1913–2024) IN 22 (1904–2025) SD 21 (1895–2011) NJ 21 (1944–2023) AZ 17 (1919–2022) WV 17 (1981–2021) LA 17 (1933–2025) VA 17 (1948–2024) NM 15 (1933–2012) MS 14 (1951–2021) IA 14 (1960–2018) ME 13 (1950–2022) DE 12 (1971–2026) NV 10 (1989–2022) TN 9 (1932–2020) AK 8 (1966–2012) RI 8 (1979–2013) PA 7 (1948–2020) NH 7 (1971–2001) DC 6 (1983–2018) SC 6 (1966–2025) MT 5 (1972–2007) UT 4 (1936–2000) VT 4 (1935–2016) ID 4 (1914–2017) HI 3 (2009–2017) AL 3 (1968–2009) WY 3 (1995–2014) NC 2 (1964–2014)

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.

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