defining standard (Texas) · Go Syfert
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defining standard in Texas

8 Texas opinions name it 3 courts 1936–2019 0 in the last five years

The cases below were cited by Texas 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 (5)

CaseFollowedCited
Southern Pacific Company v. Castrogreen
tex · 1973 · cited in 4 Texas opinions naming this issue, 1977–2015
2 sentences

2015Yet these same opinions recognize the Restatement of Torts as the law of Texas on negligence per se, and the Restatement expressly states that the adoption of criminal statutes into tort law is a matter of judicial discretion: “The correct rule is ...: ‘The unexcused violation of a legislative enactment or an administrative regulation which is adopted by the court as defining the standard of conduct of the reasonable man, is negligence in itself.’ ” Southern Pac., 493 S.W.2d at 497 (emphasis added)(quoting RESTATEMENT (SECOND) OF TORTS § 288B (1965)); see also RESTATEMENT (SECOND) OF TORTS § 2

1998Yet these same opinions recognize the Restatement of Torts as the law of Texas on negligence per se, and the Restatement expressly states that the adoption of criminal statutes into tort law is a matter of judicial discre *305 tion: "The correct rule is ...: ‘The unexcused violation of a legislative enactment or an administrative regulation which is adopted by the court as defining the standard of conduct of the reasonable man, is negligence in itself.’ " Southern Pac., 493 S.W.2d at 497 (emphasis added)(quoting Restatement (Second) of Torts § 288B (1965)); see also Restatement (Second) of Tor

34
Continental Oil Co. v. Simpsongreen
texapp · 1980 · cited in 3 Texas opinions naming this issue, 1997–2003
2 sentences

2003Cont'l Oil Co. v. Simpson , 604 S.W.2d 530, 534 (Tex. Civ.

1997As the Texas Supreme Court stated long ago, “[n]egligenee per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.” Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979); accord Southern Pacific Co. v. Castro, 493 S.W.2d 491, 497 (Tex.1973) (adopting the Restatement (Second) of Torts definition that negligence per se consists of an unexcused violation of a legislative enactment or an administrative regulation which is adopted by the court as defining the standard of co

33
Marcelletti v. Bathanigreen
michctapp · 1993 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Curran v. Walsh Jesuit High School, 99 Ohio App.3d 696 , 651 N.E.2d 1028 , 1030–31 (1995); Marcelletti v. Bathani, 198 Mich.App. 655 , 500 N.W.2d 124, 127 (1993).

2015See Curran v. Walsh Jesuit High School, 99 Ohio App.3d 696 , 651 N.E.2d 1028 , 1030–31 (1995); Marcelletti v. Bathani, 198 Mich.App. 655 , 500 N.W.2d 124, 127 (1993).

11
Curran v. Walsh Jesuit High Schoolgreen
ohioctapp · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Curran v. Walsh Jesuit High School, 99 Ohio App.3d 696 , 651 N.E.2d 1028 , 1030–31 (1995); Marcelletti v. Bathani, 198 Mich.App. 655 , 500 N.W.2d 124, 127 (1993).

2015See Curran v. Walsh Jesuit High School, 99 Ohio App.3d 696 , 651 N.E.2d 1028 , 1030–31 (1995); Marcelletti v. Bathani, 198 Mich.App. 655 , 500 N.W.2d 124, 127 (1993).

11
Carter v. William Sommerville and Son, Inc.green
tex · 1979 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997As the Texas Supreme Court stated long ago, “[n]egligenee per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.” Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979); accord Southern Pacific Co. v. Castro, 493 S.W.2d 491, 497 (Tex.1973) (adopting the Restatement (Second) of Torts definition that negligence per se consists of an unexcused violation of a legislative enactment or an administrative regulation which is adopted by the court as defining the standard of co

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Perry v. S.N. green
tex · 1998
1 sentence

2019The correct rule, however, is: “The unexcused violation of a legislative enactment or an administrative regulation which is adopted by the court as defining the standard of conduct of the reasonable man, is negligence in itself.” Perry v. S.N., 973 S.W.2d 301 , 304 n.4 (Tex. 1998) (citations omitted).

12019–2019
Whitmire v. State green
texcrimapp · 1936
1 sentence

1936We take occasion here to call attention to our opinions in Whitmire v. State, 94 S. W. (2d) 742 ; Privett v. State, 98 S. W. (2d) 204 ; Kelly v. State, 98 S. W., 998 , and others following those named, in which we pointed out the averments necessary to charge a violation of certain provisions of the Texas Liquor Control Act, in what is called “Dry Area,” and approved the forms of some indictments.

11936–1936
Privitt v. State green
texcrimapp · 1936
1 sentence

1936We take occasion here to call attention to our opinions in Whitmire v. State, 94 S. W. (2d) 742 ; Privett v. State, 98 S. W. (2d) 204 ; Kelly v. State, 98 S. W., 998 , and others following those named, in which we pointed out the averments necessary to charge a violation of certain provisions of the Texas Liquor Control Act, in what is called “Dry Area,” and approved the forms of some indictments.

11936–1936

Where else courts name it

KS 19 (1976–2026) TX 8 (1936–2019) WV 6 (2004–2023) IL 5 (1893–1978) UT 4 (1991–2026) WA 3 (1988–2010) OH 3 (2000–2010) IA 2 (2015–2019) CA 2 (1993–2016) AK 2 (1976–1976) NY 2 (1992–1995) WY 2 (1989–2018) TN 2 (2002–2024) OR 2 (1956–1956)

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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