analogy between rule (California) · Go Syfert
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analogy between rule in California

7 California opinions name it 2 courts 1915–2013 0 in the last five years

The cases below were cited by California 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
Apple Computer, Inc. v. Superior Courtgreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008Appellant’s petition for review by the Supreme Court was denied December 10, 2008, SI67206. 1 All rule references are to the California Rules of Court unless otherwise noted. 2 Rule 1859(b) has since been renumbered rule 3.769(b) without material change. 3 “ ‘California courts may look to federal authority for guidance on matters involving class action procedures.’ [Citations.]” (Apple Computer, Inc. v. Superior Court (2005) 126 Cal.App.4th 1253, 1264, fn. 4 [ 24 Cal.Rptr.3d 818 ] (Apple Computer).) 4 In his petition for rehearing, Mark asserts he is entitled to rehearing under Government Code

2008Appellant’s petition for review by the Supreme Court was denied December 10, 2008, SI67206. 1 All rule references are to the California Rules of Court unless otherwise noted. 2 Rule 1859(b) has since been renumbered rule 3.769(b) without material change. 3 “ ‘California courts may look to federal authority for guidance on matters involving class action procedures.’ [Citations.]” (Apple Computer, Inc. v. Superior Court (2005) 126 Cal.App.4th 1253, 1264, fn. 4 [ 24 Cal.Rptr.3d 818 ] (Apple Computer).) 4 In his petition for rehearing, Mark asserts he is entitled to rehearing under Government Code

11
Best Park & Amusement Co. v. Rollinsgreen
ala · 1915 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

11
Vance v. Sowdengreen
iowa · 1928 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005Pearce Corp. (1928) 173 Minn. 331 [ 217 N.W. 374, 376 ] (“[t]he rale which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy”); Sand Springs Park v. Schrader (1921) 82 Okla. 244 [ 198 P. 983, 987 ] (imposing heightened standard of care based on ordinary negligence law, while declining to “draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire” and “doubling] the practicability ... of drawing such an analogy”);

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

11
O'Callaghan v. Dellwood Park Co.green
ill · 1909 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

11
Sand Springs Park v. Schradergreen
okla · 1921 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
United States v. Straub green
ca9 · 2008
1 sentence

2013In Westerdahl, the People presented the testimony of two immunized witnesses and one witness who, by virtue of a plea bargain, was promised that 15 pending charges would be entirely dropped in exchange for his testimony. ( Westerdahl, supra, 945 F.2d at pp. 1085, 1087.) Here, assuming that the trial court determined Chand testified truthfully, he avoided a sentence of life without parole but still would serve an indeterminate term of 25 years to life.

12013–2013
Chambers v. Kay green
cal · 2002
1 sentence

2008Appellant’s petition for review by the Supreme Court was denied December 10, 2008, SI67206. 1 All rule references are to the California Rules of Court unless otherwise noted. 2 Rule 1859(b) has since been renumbered rule 3.769(b) without material change. 3 “ ‘California courts may look to federal authority for guidance on matters involving class action procedures.’ [Citations.]” (Apple Computer, Inc. v. Superior Court (2005) 126 Cal.App.4th 1253, 1264, fn. 4 [ 24 Cal.Rptr.3d 818 ] (Apple Computer).) 4 In his petition for rehearing, Mark asserts he is entitled to rehearing under Government Code

12008–2008
Bibeau v. Fred W. Pearce Corp. green
minn · 1928
2 sentences

2005Pearce Corp. (1928) 173 Minn. 331 [ 217 N.W. 374, 376 ] (“[t]he rale which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy”); Sand Springs Park v. Schrader (1921) 82 Okla. 244 [ 198 P. 983, 987 ] (imposing heightened standard of care based on ordinary negligence law, while declining to “draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire” and “doubling] the practicability ... of drawing such an analogy”);

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

12005–2005
Tennessee State Fair Ass'n v. Hartman green
tenn · 1915
2 sentences

2005Pearce Corp. (1928) 173 Minn. 331 [ 217 N.W. 374, 376 ] (“[t]he rale which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy”); Sand Springs Park v. Schrader (1921) 82 Okla. 244 [ 198 P. 983, 987 ] (imposing heightened standard of care based on ordinary negligence law, while declining to “draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire” and “doubling] the practicability ... of drawing such an analogy”);

2005Pearce Corp. (1928) 173 Minn. 331 , 217 N.W. 374, 376 ("[t]he rule which subjects the roller-coaster and the common carrier to the same degree of care rests upon principle and is supported by a sound public policy"); Sand Springs Park v. Schrader (1921) 82 Okla. 244 , 198 P. 983, 987 (imposing heightened standard of care based on ordinary negligence law, while declining to "draw an analogy between the rule that applies to the common carrier of passengers for hire and those who carry passengers on scenic railways for hire" and "doubt[ing] the practicability ... of drawing such an analogy"); Bes

12005–2005
People v. Gorg green
cal · 1955
1 sentence

1961Appellant argues that “this was a question of fact which must be determined by the trior of fact. ...” The suggested analogy is not new; it has, indeed, been the specific subject for rejection by the Supreme Court in People v. Gorg, supra, 45 Cal.2d 776, 781 .

11961–1961
White v. Steam-Tug Mary Ann green
· 1856
2 sentences

1946(See White v. Mary Ann, supra; Lebet v. Cappobiancho, supra; Clark v. Burns Hammam Baths, supra; 15 Am.Jur., Damages, § 201.) The analogy between that rule and the instant case is close.

1946(See White v. Mary Ann, supra; Lebet v. Cappobiancho, supra; Clark v. Burns Hammam Boths, supra; 15 Am.Jur., Damages, 201.) The analogy between that rule and the instant case is close. [2] The liability of the carrier to the owner for damage to property in transit under the contract to transport is practically absolute.

11946–1946
Collins v. Ramish green
cal · 1920
1 sentence

1942(Collins v. Ramish [ 182 Cal. 539 ( 188 Pac. 550 )], supra, and authorities there cited.) The reasoning of the decisions we have cited, beginning with California etc. Society v. Harris , holding that in such a case as the present a compliance with the statute is sufficient if accomplished before objection is made, proceeds upon the analogy between such a defense and one of another action pending.

11942–1942
McKay v. Joy neutral
cal · 1886
2 sentences

1915(Citing McKay v. Joy, 2 Cal. Unrep. 639 , [ 9 Pac. 940 ].) There is no proper analogy between the two cases.

1915(Citing McKay v. Joy, 2 Cal. Unrep. 639 , [ 9 Pac. 940 ].) There is no proper analogy between the two cases.

11915–1915

Where else courts name it

CA 7 (1915–2013) AK 2 (1989–1991) TX 2 (1979–2016)

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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