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7 Kansas opinions name it 1 courts 1924–1986 0 in the last five years
The cases below were cited by Kansas 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 |
|---|---|---|
Kansas Wheat Growers Ass'n v. Farmers Elevator Co.green2 sentences1931(Kansas Wheat Growers Ass’n v. Farmers Elevator Co., 127 Kan. 27, 29, 30 , 272 Pac. 181 ), and the criticized instruction was correct. 1931(Kansas Wheat Growers Ass’n v. Farmers Elevator Co., 127 Kan. 27, 29, 30 , 272 Pac. 181 ), and the criticized instruction was correct. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reading Township v. Telfer
green
2 sentences1986This court criticized the doctrine in Reading Township v. Telfer, 57 Kan. 798 , 48 Pac. 134 (1897). 1986This court criticized the doctrine in Reading Township v. Telfer, 57 Kan. 798 , 48 Pac. 134 (1897). | 1 | 1986–1986 |
Ellis & Connor v. Commonwealth
neutral
2 sentences1936(See, also, Ellis and Connor v. Commonwealth, 186 Ky. 494 , 217 S. W. 368 , 11 A. L. 1936(See, also, Ellis and Connor v. Commonwealth, 186 Ky. 494 , 217 S. W. 368 , 11 A. L. | 1 | 1936–1936 |
Gregory v. State
neutral
2 sentences1936So, too, the supreme court of Nebraska, in Bulwan v. State, 127 Neb. 436 , 255 N. W. 559 , and the supreme court of Florida, in Gregory et al. v. State, 107 Fla. 854 , 143 So. 304 , have rejected the doctrine of the Spencer case, supra, holding with the great weight of authority to the rule of law announced in the criticized instruction. 1936So, too, the supreme court of Nebraska, in Bulwan v. State, 127 Neb. 436 , 255 N. W. 559 , and the supreme court of Florida, in Gregory et al. v. State, 107 Fla. 854 , 143 So. 304 , have rejected the doctrine of the Spencer case, supra, holding with the great weight of authority to the rule of law announced in the criticized instruction. | 1 | 1936–1936 |
Bulwan v. State
neutral
2 sentences1936So, too, the supreme court of Nebraska, in Bulwan v. State, 127 Neb. 436 , 255 N. W. 559 , and the supreme court of Florida, in Gregory et al. v. State, 107 Fla. 854 , 143 So. 304 , have rejected the doctrine of the Spencer case, supra, holding with the great weight of authority to the rule of law announced in the criticized instruction. 1936So, too, the supreme court of Nebraska, in Bulwan v. State, 127 Neb. 436 , 255 N. W. 559 , and the supreme court of Florida, in Gregory et al. v. State, 107 Fla. 854 , 143 So. 304 , have rejected the doctrine of the Spencer case, supra, holding with the great weight of authority to the rule of law announced in the criticized instruction. | 1 | 1936–1936 |
Glahn v. Mastin
green
2 sentences1933“It is not a fair basis for reversible error to single out an instruction and show that it lacks one element to make it a complete statement of the law, when it clearly appears that the missing element was repeatedly given in other instructions and where the jury could not have been misled by the criticized instruction.” (Glahn v. Mastin, 115 Kan. 557 , syl. ¶ 2, 224 Pac. 68 .) Instruction thirteen is also criticized because where it spoke of defendant relying upon the representations made by the plaintiff, it did not tell the jury that the defendant should use ordinary diligence himself to de 1933“It is not a fair basis for reversible error to single out an instruction and show that it lacks one element to make it a complete statement of the law, when it clearly appears that the missing element was repeatedly given in other instructions and where the jury could not have been misled by the criticized instruction.” (Glahn v. Mastin, 115 Kan. 557 , syl. ¶ 2, 224 Pac. 68 .) Instruction thirteen is also criticized because where it spoke of defendant relying upon the representations made by the plaintiff, it did not tell the jury that the defendant should use ordinary diligence himself to de | 1 | 1933–1933 |
Ramey v. Western Union Telegraph Co.
green
2 sentences1927Mental pain and suffering is, or at least may be, an injury to life, and while a simulated but groundless claim of mental pain and suffering is so easy to make and hard to disprove, or to measure in damages if genuine, that the law will seldom permit an award therefor apart from a related physical injury (Ramey v. Telegraph Co., 94 Kan. 196 , and citations, 146 Pac. 421 ), yet where, as here, there was ample proof of objective physical injuries to plaintiff, there was no error of law in the criticized instruction. 1927Mental pain and suffering is, or at least may be, an injury to life, and while a simulated but groundless claim of mental pain and suffering is so easy to make and hard to disprove, or to measure in damages if genuine, that the law will seldom permit an award therefor apart from a related physical injury (Ramey v. Telegraph Co., 94 Kan. 196 , and citations, 146 Pac. 421 ), yet where, as here, there was ample proof of objective physical injuries to plaintiff, there was no error of law in the criticized instruction. | 1 | 1927–1927 |
Scott v. Cowan
neutral
2 sentences1927(Scott v. Cowen, 114 Kan. 32 , and citations, 217 Pac. 698 .) Furthermore, it is rather clear that the jury made no allowance to plaintiff for mental pain and suffering. 1927(Scott v. Cowen, 114 Kan. 32 , and citations, 217 Pac. 698 .) Furthermore, it is rather clear that the jury made no allowance to plaintiff for mental pain and suffering. | 1 | 1927–1927 |
Wilson v. Haun
green
2 sentences1925In Wilson v. Haun, 97 Kan. 445 , 155 Pac. 798 , it was held: “To establish the relation of agency an express appointment and an acceptance thereof is not essential, but it may be implied from other facts, such as the statements of the parties, their conduct and the relevant circumstances.” (Syl. 1925In Wilson v. Haun, 97 Kan. 445 , 155 Pac. 798 , it was held: “To establish the relation of agency an express appointment and an acceptance thereof is not essential, but it may be implied from other facts, such as the statements of the parties, their conduct and the relevant circumstances.” (Syl. | 1 | 1925–1925 |
Deputy v. Kimmell
green
1 sentence1924The criticized instruction has substantial support in the authorities (Deputy v. Kimmell, 73 W. | 1 | 1924–1924 |
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.