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7 New Jersey opinions name it 2 courts 1954–2022 1 in the last five years
The cases below were cited by New Jersey 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 |
|---|---|---|
Kanzler v. Smithgreen2 sentences1991Kanzler v. Smith, 142 N.J.Eq. 609, 621, 61 A.2d 170 (Ch.1948). 1954The harshness of the rule was, however, relieved in equity which allowed contribution upon "the principle that equality among those in aequali jure is deemed to be equity." Kanzler v. Smith, 142 N.J. | 1 | 2 |
Buckley v. Estate of Pirologreen1 sentence1992I am less ready to accept that a 40% negligent patron should not bear some responsibility for the events in light of current principles of comparative negligence. [Id. at 82-83, 500 A.2d 703 (O’Hern, J., concurring).] In reassessing whether the Soronen rule is adequate to fairly apportion fault between a tavern and an intoxicated patron under prevailing principles of comparative negligence, we note that courts in the vast majority of states view a patron who voluntarily drinks to the point of intoxication as at least partially responsible for the consequences of his or her conduct. | 1 | 1 |
LeRoy Dyal Co. v. Allengreen1 sentence1982LeRoy Dyal Co. v. Allen, 161 F.2d 152, 155 (4 Cir. 1947). | 1 | 1 |
Marini v. Borough of Wanaquegreen1 sentence1979Lopez v. Swyer, supra ; see Marini v. Wanaque, supra 37 N.J. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kimball Intern. v. Northfield Metal
green
1 sentence2022Rev. 1711 (1991), because of "the harshness of claim or issue preclusion based solely on a party asserting inconsistent positions, without a showing of prejudice to another party," 334 N.J. | 1 | 2022–2022 |
O'BRIEN v. Bethlehem Steel Corporation
green
1 sentence1976Although the Supreme Court later, in O'Brien v. Bethlehem Steel Corp., 59 N.J. 114 (1971), reinterpreted and ameliorated the harshness of this rule by requiring that a plaintiff's negligence must be shown to have been a substantial factor in bringing about the harm complained of, the contributory negligence rule remained in force until the enactment of N.J.S.A. 2A:15-5.1 et seq. | 1 | 1976–1976 |
Tabor v. O'GRADY
green
1 sentence1976When the Tabor court considered this matter in 1960 it stated specifically that it was not applying rules of comparative negligence. 61 N.J. | 1 | 1976–1976 |
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.