above-quoted instruction (Oregon) · Go Syfert
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above-quoted instruction in Oregon

8 Oregon opinions name it 2 courts 1937–2008 0 in the last five years

The cases below were cited by Oregon 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 (1)

CaseFollowedCited
Patten v. Sturgeongreen
ca8 · 1914 · cited in 1 Oregon opinions naming this issue, 1976–1976
1 sentence

1976In Patten v. Sturgeon, 214 F. 65, 67 (8th Cir.1914), the court applied the principle in different circumstances.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
State Ex Rel. Caughey v. Middle green
orctapp · 2000
2 sentences

2008First, in State ex rel Caughey v. Middle, 167 Or App 261, 266 , 1 P3d 495 , rev den, 330 Or 553 (2000), we held that Roof concerned paragraph (b) of the above-quoted rule (then numbered OAR 255-35-022(7)) pertaining to multiple consecutive sentences, and not paragraph (a), which indicates that the rule does not apply when a single consecutive sentence is imposed.

2008First, in State ex rel Caughey v. Middle, 167 Or App 261, 266 , 1 P3d 495 , rev den, 330 Or 553 (2000), we held that Roof concerned paragraph (b) of the above-quoted rule (then numbered OAR 255-35-022(7)) pertaining to multiple consecutive sentences, and not paragraph (a), which indicates that the rule does not apply when a single consecutive sentence is imposed.

12008–2008
State v. Turley green
orctapp · 2005
2 sentences

2008We followed and applied the above-quoted rule in Turley. 202 Or.App. at 47-48 , 120 P.3d 1229 .

2008We followed and applied the above-quoted rule in Turley. 202 Or.App. at 47-48 , 120 P.3d 1229 .

12008–2008
State v. Boyd green
or · 1975
1 sentence

2001Boyd, 271 Or at 566 n 5.

12001–2001
In Re Complaint as to the Conduct of Jans green
or · 1983
2 sentences

1996As this court stated in In re Jans, 295 Or 289, 295 , 666 P2d 830 (1983), it is “never proper for a lawyer to represent clients with conflicting interests no matter how carefully and thoroughly the lawyer discloses the possible effect and obtains consent.” Although this court amended DR *480 5-105 after Jans was decided, the above-quoted principle still applies to situations of actual conflict.

1996As this court stated in In re Jans, 295 Or 289, 295 , 666 P2d 830 (1983), it is “never proper for a lawyer to represent clients with conflicting interests no matter how carefully and thoroughly the lawyer discloses the possible effect and obtains consent.” Although this court amended DR *480 5-105 after Jans was decided, the above-quoted principle still applies to situations of actual conflict.

11996–1996
Hornbeck v. Western States Fire Apparatus, Inc. green
or · 1977
2 sentences

1980We are not concerned in this case with implied assumption of risk which was abolished by the 1975 Oregon legislature. 1 The type of assumption of risk in issue in this case is a defense "based on plaintiff’s agreement to join in a sport or similar activity in which the particular risk is a known element of the activity when properly conducted. * * *[T]he defense really negates that a defendant’s conduct which might be fault in other contexts is fault at all, rather than implying that plaintiff forgave the fault in advance.” Hornbeck v. Western States Fire Apparatus, 280 Or 647 , 572 P2d 620 (1

1980We are not concerned in this case with implied assumption of risk which was abolished by the 1975 Oregon legislature. 1 The type of assumption of risk in issue in this case is a defense "based on plaintiff’s agreement to join in a sport or similar activity in which the particular risk is a known element of the activity when properly conducted. * * *[T]he defense really negates that a defendant’s conduct which might be fault in other contexts is fault at all, rather than implying that plaintiff forgave the fault in advance.” Hornbeck v. Western States Fire Apparatus, 280 Or 647 , 572 P2d 620 (1

11980–1980
State v. Holleman neutral
or · 1960
2 sentences

1963State v. Holleman, 225 Or 7 , 357 P2d 264 ; State v. Patton, 208 Or 610, 612 , 303 P2d 513 ; State v. Thomson, 203 Or 1, 16 , 278 P2d 142 .

1963State v. Holleman, 225 Or 7 , 357 P2d 264 ; State v. Patton, 208 Or 610, 612 , 303 P2d 513 ; State v. Thomson, 203 Or 1, 16 , 278 P2d 142 .

11963–1963
State v. Thomson green
or · 1954
2 sentences

1963State v. Holleman, 225 Or 7 , 357 P2d 264 ; State v. Patton, 208 Or 610, 612 , 303 P2d 513 ; State v. Thomson, 203 Or 1, 16 , 278 P2d 142 .

1963State v. Holleman, 225 Or 7 , 357 P2d 264 ; State v. Patton, 208 Or 610, 612 , 303 P2d 513 ; State v. Thomson, 203 Or 1, 16 , 278 P2d 142 .

11963–1963
State of Oregon v. Patton green
or · 1956
2 sentences

1963State v. Holleman, 225 Or 7 , 357 P2d 264 ; State v. Patton, 208 Or 610, 612 , 303 P2d 513 ; State v. Thomson, 203 Or 1, 16 , 278 P2d 142 .

1963State v. Holleman, 225 Or 7 , 357 P2d 264 ; State v. Patton, 208 Or 610, 612 , 303 P2d 513 ; State v. Thomson, 203 Or 1, 16 , 278 P2d 142 .

11963–1963
Turner v. Sisson green
mass · 1884
1 sentence

1937Sisson, supra, is adopted by many courts.

11937–1937

Where else courts name it

PA 23 (1918–2025) AL 23 (1912–2014) OK 21 (1915–2017) TX 17 (1936–2022) CA 16 (1883–2023) NY 15 (1913–2016) GA 15 (1902–2025) FL 15 (1961–2013) MD 14 (1956–2013) IL 14 (1965–2023) OH 11 (1940–2026) MI 9 (1933–1984) LA 9 (1908–2020) WI 9 (1939–2022) NE 8 (1958–2007) MO 8 (1901–2021) OR 8 (1937–2008) ID 8 (1934–2014) AZ 8 (1952–2014) WA 7 (1940–1986) MS 6 (1986–2016) NC 5 (1975–2009) CO 5 (1956–1995) UT 5 (1983–2018) AR 4 (1944–1990) MT 4 (1964–2004) NJ 4 (1965–1987) IN 4 (1979–2006) ME 3 (1979–2001) VA 3 (1987–2014) RI 2 (1960–1984) KS 2 (1905–2006) NM 2 (1986–2019) SC 2 (1935–1947) MN 2 (1898–1949) IA 2 (1945–1986)

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.

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