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8 Missouri opinions name it 2 courts 1947–2004 0 in the last five years
The cases below were cited by Missouri 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 |
|---|---|---|
Nelson v. Tayongreen1 sentence1961McCallum v. Executive Aircraft Co., Mo. App., 291 S.W.2d 650, 657 ; Summers v. Tavern Rock Sand Co., Mo., 315 S.W.2d 201 ; Nelson v. Tayon, Mo., 265 S.W.2d 409, 415 (4). | 1 | 1 |
Hilton v. Terminal Railroad Assn.green2 sentences1951L., 345 Mo. 987 , 137 S. W. 2d 520, 522 [4]. *779 Plaintiff’s instruction No. 6 was not a definitive instruction. 1951L., 345 Mo. 987 , 137 S. W. 2d 520, 522 [4]. *779 Plaintiff’s instruction No. 6 was not a definitive instruction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nicoletta v. Rochester Eye & Human Parts Bank, Inc.
green
1 sentence2004Nicoletta, 519 N.Y.S.2d at 931 . | 1 | 2004–2004 |
Tietjens v. General Motors Corporation
green
1 sentence1991Tietjens v. General Motors Corp., 418 S.W.2d 75 (Mo.1967) at 84[5] lays down the definitive rule: There is a wide distinction to be drawn between the authority of an agent to commit a fraudulent act and his authori *898 ty to transact the business in the course of which the fraudulent act is commit-ted_ Tested by reference to the intention of the principal, neither negligence nor fraud is within the “scope of agency;” but tested by the connection of the act with the property and business of the agency, fraud in taking the very property is as much “within the scope of the agency” as negligence | 1 | 1991–1991 |
Wright v. Osborn
green
2 sentences1964The fourth case cited by plaintiffs is Wright v. Osborn, 356 Mo. 382, 388-389 , *608 201 S.W.2d 935, 939-940 , where the instruction under attack “was only a definitive instruction” which stated the meaning of “the highest degree of care” and (as the court specifically noted) did not even include the further statement that “ ‘the failure to exercise the highest degree of care would constitute negligence.’ ” The court understandably did not believe that this instruction “opened to the jury the door to the consideration of primary negligence”; but, if it did, defendants’ limiting instruction, wh 1964The fourth case cited by plaintiffs is Wright v. Osborn, 356 Mo. 382, 388-389 , *608 201 S.W.2d 935, 939-940 , where the instruction under attack “was only a definitive instruction” which stated the meaning of “the highest degree of care” and (as the court specifically noted) did not even include the further statement that “ ‘the failure to exercise the highest degree of care would constitute negligence.’ ” The court understandably did not believe that this instruction “opened to the jury the door to the consideration of primary negligence”; but, if it did, defendants’ limiting instruction, wh | 1 | 1964–1964 |
Dittmeier v. Missouri Real Estate Commission
green
1 sentence1963So long as the physician properly exercises his skill and the requisite degree of care, he is not liable for an honest error of judgment.” ( 316 S.W.2d 1 . c. 510). | 1 | 1963–1963 |
McCallum v. Executive Aircraft Co.
green
1 sentence1961McCallum v. Executive Aircraft Co., Mo. App., 291 S.W.2d 650, 657 ; Summers v. Tavern Rock Sand Co., Mo., 315 S.W.2d 201 ; Nelson v. Tayon, Mo., 265 S.W.2d 409, 415 (4). | 1 | 1961–1961 |
Summers v. Tavern Rock Sand Company
green
1 sentence1961McCallum v. Executive Aircraft Co., Mo. App., 291 S.W.2d 650, 657 ; Summers v. Tavern Rock Sand Co., Mo., 315 S.W.2d 201 ; Nelson v. Tayon, Mo., 265 S.W.2d 409, 415 (4). | 1 | 1961–1961 |
Rothschild v. Barck
green
2 sentences1958Since the physician everywhere is required to exercise not only reasonable “care,” but also the “skill” which he possesses (Sen-nert v. McKay, Mo., 56 S.W.2d 105 ; Rothschild v. Barck, 324 Mo. 1121 , 26 S.W.2d 760 ), we have no quarrel with the inclusion of the element of “similar localities” in the definitive requirement and probably it is properly included. 1958Since the physician everywhere is required to exercise not only reasonable “care,” but also the “skill” which he possesses (Sen-nert v. McKay, Mo., 56 S.W.2d 105 ; Rothschild v. Barck, 324 Mo. 1121 , 26 S.W.2d 760 ), we have no quarrel with the inclusion of the element of “similar localities” in the definitive requirement and probably it is properly included. | 1 | 1958–1958 |
Reiling v. Russell
green
2 sentences1947Appellants’ position is that the words just above italicized bring the instruction within the rule' laid down in Reiling v. Russell, 348 Mo. 279 , 153 S. W. (2d) 6 , and other cases cited in appellants’ brief. 1947Appellants’ position is that the words just above italicized bring the instruction within the rule' laid down in Reiling v. Russell, 348 Mo. 279 , 153 S. W. (2d) 6 , and other cases cited in appellants’ brief. | 1 | 1947–1947 |
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.