criticized instruction (Kansas) · Go Syfert
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criticized instruction in Kansas

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.

Followed or applied (1)

CaseFollowedCited
Kansas Wheat Growers Ass'n v. Farmers Elevator Co.green
kan · 1928 · cited in 1 Kansas opinions naming this issue, 1931–1931
2 sentences

1931(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.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Reading Township v. Telfer green
kan · 1897
2 sentences

1986This 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).

11986–1986
Ellis & Connor v. Commonwealth neutral
kyctapp · 1920
2 sentences

1936(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.

11936–1936
Gregory v. State neutral
fla · 1932
2 sentences

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.

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.

11936–1936
Bulwan v. State neutral
neb · 1934
2 sentences

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.

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.

11936–1936
Glahn v. Mastin green
kan · 1924
2 sentences

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

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

11933–1933
Ramey v. Western Union Telegraph Co. green
kan · 1915
2 sentences

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.

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.

11927–1927
Scott v. Cowan neutral
kan · 1923
2 sentences

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.

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.

11927–1927
Wilson v. Haun green
kan · 1916
2 sentences

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.

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.

11925–1925
Deputy v. Kimmell green
wva · 1914
1 sentence

1924The criticized instruction has substantial support in the authorities (Deputy v. Kimmell, 73 W.

11924–1924

Where else courts name it

CA 29 (1937–2006) MO 13 (1917–2004) KS 7 (1924–1986) TN 4 (1970–2024) TX 3 (1966–2008) IA 3 (1943–1967) IL 3 (1935–1969) IN 3 (1956–2000) NY 2 (1999–2000) OR 2 (1939–1939) KY 2 (1933–1949) MI 2 (2017–2017) VA 2 (1938–2025)

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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