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7 Texas opinions name it 3 courts 1983–2019 0 in the last five years
The cases below were cited by Texas 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 |
|---|---|---|
Farley v. MM Cattle Companygreen2 sentences1989The effect of this reasoning is to reinstate the assumption of the risk doctrine as an absolute bar to suit which was abolished by the supreme court in 1975 in the landmark case of Farley v. M M Cattle Company, 529 S.W.2d 751 (Tex.1975). 1989The effect of this reasoning is to reinstate the assumption of the risk doctrine as an absolute bar to suit which was abolished by the supreme court in 1975 in the landmark *483 case of Farley v. M M Cattle Company, 529 S.W.2d 751 (Tex.1975). | 1 | 2 |
Parker v. Highland Park, Inc.green2 sentences1983See, e.g., Parker v. Highland Park, Inc., 565 S.W.2d 512, 514 (Tex.1978) (abolished no-duty rule); Davila v. Sanders, 557 S.W.2d 770, 771 (Tex.1977) (per curiam) (doctrine of imminent peril abolished); Farley v. M & M Cattle Co., 529 S.W.2d 751, 758 (Tex.1975) (abolished doctrine of assumption of the risk). 1983See, e.g., Parker v. Highland Park, Inc., 565 S.W.2d 512, 514 (Tex.1978) (abolished no-duty rule); Davila v. Sanders, 557 S.W.2d 770, 771 (Tex. 1977) (per curiam) (doctrine of imminent peril abolished); Farley v. M & M Cattle Co., 529 S.W.2d 751, 758 (Tex.1975) (abolished doctrine of assumption of the risk). | 1 | 2 |
Custodi v. Town of Amherstgreen1 sentence2014Despite this provision, New York courts “have held that a limited vestige of the assumption of the risk doctrine — referred to as ‘primary’ assumption of the risk — survived the enactment of CPLR 1411 as a defense to tort recovery in cases involving certain types of athletic or recreational activities.” See Custodi v. Town of Amherst, 980 N.E.2d 933, 935 (N.Y. 2012). | 1 | 1 |
Sears, Roebuck & Company v. Robinsongreen1 sentence2008See id. at 239-40 . | 1 | 1 |
Davila v. Sandersgreen2 sentences1983See, e.g., Parker v. Highland Park, Inc., 565 S.W.2d 512, 514 (Tex.1978) (abolished no-duty rule); Davila v. Sanders, 557 S.W.2d 770, 771 (Tex.1977) (per curiam) (doctrine of imminent peril abolished); Farley v. M & M Cattle Co., 529 S.W.2d 751, 758 (Tex.1975) (abolished doctrine of assumption of the risk). 1983See, e.g., Parker v. Highland Park, Inc., 565 S.W.2d 512, 514 (Tex.1978) (abolished no-duty rule); Davila v. Sanders, 557 S.W.2d 770, 771 (Tex. 1977) (per curiam) (doctrine of imminent peril abolished); Farley v. M & M Cattle Co., 529 S.W.2d 751, 758 (Tex.1975) (abolished doctrine of assumption of the risk). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Astran v. State
green
1 sentence2019App. 1984) ; Astran v. State , 799 S.W.2d 761 , 764 (Tex. Crim. | 1 | 2019–2019 |
Willis v. State
green
1 sentence2019App.-Fort Worth 1963, writ ref'd n.r.e.), a case dealing with the assumption of the risk defense in negligence cases. 4 See Willis v. State , 669 S.W.2d 728 , 730-31 (Tex. Crim. | 1 | 2019–2019 |
Barnhart v. Kansas City, Mexico & Orient Railway Co.
green
2 sentences2001Petitioners next argue that enforcing their waivers would be inconsistent with section 406.033(a)(2), which prohibits a nonsubseriber from asserting an assumption-of-the-risk defense, and with at least two of our decisions that prohibited an employer from shifting liability for job-related injuries and safety to the employee, Barnhart v. Kansas City, Mexico & Orient Railway Co. of Texas, 107 Tex. 638 , 184 S.W. 176 (1916), and Clevenger v. Burgess, 31 S.W.2d 675 (Tex.Civ.App.—Beaumont 1930, writ ref'd). 2001Petitioners next argue that enforcing their waivers would be inconsistent with section 406.033(a)(2), which prohibits a nonsubseriber from asserting an assumption-of-the-risk defense, and with at least two of our decisions that prohibited an employer from shifting liability for job-related injuries and safety to the employee, Barnhart v. Kansas City, Mexico & Orient Railway Co. of Texas, 107 Tex. 638 , 184 S.W. 176 (1916), and Clevenger v. Burgess, 31 S.W.2d 675 (Tex.Civ.App.—Beaumont 1930, writ ref'd). | 1 | 2001–2001 |
Clevenger v. Burgess
green
2 sentences2001Petitioners next argue that enforcing their waivers would be inconsistent with section 406.033(a)(2), which prohibits a nonsubseriber from asserting an assumption-of-the-risk defense, and with at least two of our decisions that prohibited an employer from shifting liability for job-related injuries and safety to the employee, Barnhart v. Kansas City, Mexico & Orient Railway Co. of Texas, 107 Tex. 638 , 184 S.W. 176 (1916), and Clevenger v. Burgess, 31 S.W.2d 675 (Tex.Civ.App.—Beaumont 1930, writ ref'd). 2001Petitioners next argue that enforcing their waivers would be inconsistent with section 406.033(a)(2), which prohibits a nonsubscriber from asserting an assumption-of-the-risk defense, and with at least two of our decisions that prohibited an employer from shifting liability for job-related injuries and safety to the employee, Barnhart v. Kansas City, Mexico & Orient Railway Co. of Texas, 107 Tex. 638 , 184 S.W. 176 (1916), and Clevenger v. Burgess, 31 S.W.2d 675 (Tex.Civ.App.-Beaumont 1930, writ ref'd). | 1 | 2001–2001 |
Gann v. INTERN. HARVESTER CO. OF CANADA, LTD.
green
2 sentences1995Id. at 105 . 1995Id. at 105 . | 1 | 1995–1995 |
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.