harsh rule (Wisconsin) · Go Syfert
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harsh rule in Wisconsin

8 Wisconsin opinions name it 2 courts 1900–2019 0 in the last five years

The cases below were cited by Wisconsin 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 (4)

CaseFollowedCited
State v. Galliongreen
wis · 2004 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
2 sentences

2019See State v. Gallion, 2004 WI 42, ¶¶23-24 , 270 Wis. 2d 535 , 678 N.W.2d 197 .

2019See State v. Gallion, 2004 WI 42, ¶¶23-24 , 270 Wis. 2d 535 , 678 N.W.2d 197 .

11
Bruns Volkswagen, Inc. v. Department of Industry, Labor & Human Relationsgreen
wisctapp · 1982 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
1 sentence

2004See Bruns Volkswagen, Inc., 110 Wis. 2d at 323-24 ; Nigbor, 120 Wis. 2d at 384 .

11
Nigbor v. Department of Industry, Labor & Human Relationsgreen
wis · 1984 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
2 sentences

2004LIRC noted that in Bruns Volkswagen, Inc. we instead followed the "momentary deviation" test that the supreme court announced in Maahs v. Industrial Commission, 25 Wis. 2d 240 , 130 N.W.2d 845 (1964), which permitted payment of compensation in "curiosity cases." 2 LIRC's opinion pointed out that the supreme court agreed with Bruns Volkswagen, Inc.'s extension oí Maahs when it decided Nighor, 120 Wis. 2d at 384 ("[We] moved away from the harsh rule that any deviation from employment would prevent an award of benefits and adopjted the rule that an impulsive, momentary, and insubstantial deviatio

2004See Bruns Volkswagen, Inc., 110 Wis. 2d at 323-24 ; Nigbor, 120 Wis. 2d at 384 .

11
Masterson v. McCroskiegreen
coloctapp · 1976 · cited in 1 Wisconsin opinions naming this issue, 1982–1982
1 sentence

1982Masterson v. McCroskie, 556 P.2d 1231, 1233 (Colo. App. 1976).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Maahs v. Industrial Commission green
wis · 1964
2 sentences

2004LIRC noted that in Bruns Volkswagen, Inc. we instead followed the "momentary deviation" test that the supreme court announced in Maahs v. Industrial Commission, 25 Wis. 2d 240 , 130 N.W.2d 845 (1964), which permitted payment of compensation in "curiosity cases." 2 LIRC's opinion pointed out that the supreme court agreed with Bruns Volkswagen, Inc.'s extension oí Maahs when it decided Nighor, 120 Wis. 2d at 384 ("[We] moved away from the harsh rule that any deviation from employment would prevent an award of benefits and adopjted the rule that an impulsive, momentary, and insubstantial deviatio

2004LIRC noted that in Bruns Volkswagen, Inc. we instead followed the "momentary deviation" test that the supreme court announced in Maahs v. Industrial Commission, 25 Wis. 2d 240 , 130 N.W.2d 845 (1964), which permitted payment of compensation in "curiosity cases." 2 LIRC's opinion pointed out that the supreme court agreed with Bruns Volkswagen, Inc.'s extension oí Maahs when it decided Nighor, 120 Wis. 2d at 384 ("[We] moved away from the harsh rule that any deviation from employment would prevent an award of benefits and adopjted the rule that an impulsive, momentary, and insubstantial deviatio

21984–2004
Swift v. James neutral
wis · 1880
2 sentences

1982Moreover, the present trend is in favor of making all money damage actions transitory.” An example of a case in which the Wisconsin court construed the pleadings in such a manner as to avoid the harsh rule applying to local actions is found in Swift, Administrator v. James, 50 Wis. 540 , 7 N.W. 656 (1880).

1982Moreover, the present trend is in favor of making all money damage actions transitory.” An example of a case in which the Wisconsin court construed the pleadings in such a manner as to avoid the harsh rule applying to local actions is found in Swift, Administrator v. James, 50 Wis. 540 , 7 N.W. 656 (1880).

11982–1982
Schlotthauer v. Krenzelok green
wis · 1956
2 sentences

1957Schlotthauer v. Krenzelok, 274 Wis. 1, 6 , 79 N. W. (2d) 76 (a decision too recent to have been available to the court below). 3.

1957Schlotthauer v. Krenzelok, 274 Wis. 1, 6 , 79 N. W. (2d) 76 (a decision too recent to have been available to the court below). 3.

11957–1957
State v. Town Board of Tomahawk Lake neutral
wis · 1927
2 sentences

1933It is for such reasons as these that it is generally held that the mere use of a passway through woodland will not give a right of way by prescription.” In State v. Town Board, 192 Wis. 186 , 212 N. W. 249 , it is said, in commenting upon the Bassett Case: “It might have been said, also, that there is no consideration of morals or of public policy which requires the penalizing of that neighborly consideration which permits or acquiesces in the use of a way over wild and uninclosed lands in a wild and undeveloped region.” While it may be difficult to state in a satisfactory manner the precise c

1933It is for such reasons as these that it is generally held that the mere use of a passway through woodland will not give a right of way by prescription.” In State v. Town Board, 192 Wis. 186 , 212 N. W. 249 , it is said, in commenting upon the Bassett Case: “It might have been said, also, that there is no consideration of morals or of public policy which requires the penalizing of that neighborly consideration which permits or acquiesces in the use of a way over wild and uninclosed lands in a wild and undeveloped region.” While it may be difficult to state in a satisfactory manner the precise c

11933–1933
Donnelly v. Eastes green
wis · 1896
1 sentence

1900As stated in Donnelly v. Eastes, 94 Wis. 390 : “ This appears to be a harsh doctrine, when viewed apart, from’ the reasons for it.

11900–1900

Where else courts name it

CA 59 (1891–2026) TX 58 (1889–2018) NY 34 (1876–2025) PA 24 (1827–2018) IL 24 (1899–2020) MO 23 (1885–2016) FL 17 (1920–2010) GA 17 (1950–2012) KS 16 (1906–2022) IA 15 (1889–2018) OR 13 (1920–2025) OK 13 (1914–2001) LA 13 (1926–1994) WA 13 (1901–2009) CT 13 (1914–2010) WV 12 (1882–2003) MA 11 (1888–2018) NJ 10 (1950–2004) OH 10 (1914–2013) MI 10 (1926–1994) ID 9 (1966–2011) NC 9 (1911–2004) IN 9 (1890–2023) HI 9 (1923–2003) CO 9 (1930–2017) AL 8 (1895–1996) KY 8 (1917–2005) WI 8 (1900–2019) MN 7 (1947–1986) AR 7 (1978–2018) AZ 6 (1913–1979) TN 6 (1966–2005) SD 6 (1914–1996) MD 6 (1948–2014) ND 6 (1913–1991) VA 5 (1918–1998) SC 5 (1927–2001) WY 5 (1895–1988) VT 4 (1868–2014) MT 4 (1896–1947) RI 3 (1978–1999) NE 3 (1998–2019) AK 3 (1991–2019) DE 3 (1915–2021) NM 3 (1943–1995) VI 2 (1982–2014) NH 2 (1976–2018) DC 2 (1978–1980)

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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