exception rather rule (Washington) · Go Syfert
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exception rather rule in Washington

7 Washington opinions name it 2 courts 1944–2017 0 in the last five years

The cases below were cited by Washington 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
Freehe v. Freehegreen
wash · 1972 · cited in 2 Washington opinions naming this issue, 2003–2003
2 sentences

2003“This argument is wholly unpersuasive because the exclusion far exceeds the evil which it is designed to protect against; collusion and fraud are the exception rather than the rule.” Id. at 210 ; see also Freehe v. Freehe, 81 Wn.2d 183, 189 , 500 P.2d 771 (1972) (rejecting the doctrine of intrafamily tort immunity in favor of individualized judicial determinations on issues which may involve intrafamily fraud or collusion).

2003“This argument is wholly unpersuasive because the exclusion far exceeds the evil which it is designed to protect against; collusion and fraud are the exception rather than the rule.” Id. at 210 ; see also Freehe v. Freehe, 81 Wn.2d 183, 189 , 500 P.2d 771 (1972) (rejecting the doctrine of intrafamily tort immunity in favor of individualized judicial determinations on issues which may involve intrafamily fraud or collusion).

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Mutual of Enumclaw Insurance v. Wiscomb green
wash · 1982
2 sentences

2003"This argument is wholly unpersuasive because the exclusion far exceeds the evil which it is designed to protect against; collusion and fraud are the exception rather than the rule." Id. at 210 , 643 P.2d 441 ; See also Freehe v. Freehe, 81 Wash.2d 183, 189 , 500 P.2d 771 (1972) (rejecting the doctrine of intrafamily tort immunity in favor of individualized judicial determinations on issues which may involve intrafamily fraud or collusion).

2003“This argument is wholly unpersuasive because the exclusion far exceeds the evil which it is designed to protect against; collusion and fraud are the exception rather than the rule.” Id. at 210 ; see also Freehe v. Freehe, 81 Wn.2d 183, 189 , 500 P.2d 771 (1972) (rejecting the doctrine of intrafamily tort immunity in favor of individualized judicial determinations on issues which may involve intrafamily fraud or collusion).

22003–2003
Leo Gleason v. Brian And Liza Cohen green
washctapp · 2016
1 sentence

2017Gleason v. Cohen, 192 Wn.

12017–2017
Dorr v. Big Creek Wood Products, Inc. green
washctapp · 1996
1 sentence

2016Implied primary assumption of risk occupies a very “narrow niche.” Dorr, 84 Wn.

12016–2016
Leyendecker v. Cousins green
washctapp · 1989
1 sentence

2016App. 769, 774 , 770 P.2d 675 (1989)). ¶18 Significantly, implied primary assumption of risk is the exception rather than the rule in assumption of risk situations.

12016–2016
Walter v. Everett School District No. 24 green
wash · 1938
2 sentences

1955No. 24, 195 Wash. 45 , 79 P. (2d) 689 . *38 “The general rule is that a party injured by the negligence of another must seek his remedy against the person who caused the injury, since such person is alone liable.

1955No. 24, 195 Wash. 45 , 79 P. (2d) 689 . *38 “The general rule is that a party injured by the negligence of another must seek his remedy against the person who caused the injury, since such person is alone liable.

11955–1955
Kepner v. United States green
· 1904
2 sentences

1945In 1904, the supreme court of the United States rendered a decision in Kepner v. United States, 195 U. S. 100 , 49 L.

1945In 1904, the supreme court of the United States rendered a decision in Kepner v. United States, 195 U. S. 100 , 49 L.

11945–1945
State v. Wright neutral
wash · 1894
2 sentences

1944When fair trials were the exception rather than the rule, it was but natural that judges, having a sense of right and humanity, should hold the state to strict pleading and to a stricter proof; but in these times, when those charged with crime are protected by every constitutional and statutory guaranty of a fair trial that a sense of humanity can suggest, and by a general sentiment that no innocent man shall be convicted of crime — when education is general, and understanding of written words is common to all classes, there is no sound reason why the rigorous rule of the common law should be

1944When fair trials were the exception rather than the rule, it was but natural that judges, having a sense of right and humanity, should hold the state to strict pleading and to a stricter proof; but in these times, when those charged with crime are protected by every constitutional and statutory guaranty of a fair trial that a sense of humanity can suggest, and by a general sentiment that no innocent man shall be convicted of crime — when education is general, and understanding of written words is common to all classes, there is no sound reason why the rigorous rule of the common law should be

11944–1944

Where else courts name it

CA 42 (1941–2026) NY 29 (1939–2020) IL 20 (1958–2017) MD 20 (1986–2025) NJ 16 (1963–2025) FL 15 (1982–2025) MT 15 (1929–2023) MO 13 (1979–2014) OH 12 (1965–2017) TX 12 (1982–2022) AZ 11 (1966–2025) WI 10 (1977–2025) ME 8 (1977–2025) PA 8 (1893–2022) WA 7 (1944–2017) VT 7 (1980–2016) UT 7 (1985–2026) CO 6 (1944–2024) NM 6 (1983–2005) LA 6 (1990–2019) TN 6 (1937–2006) GA 5 (1982–2023) WV 5 (1983–2007) KY 5 (2008–2020) AR 4 (1972–2022) NH 4 (1994–2022) IA 4 (1963–2021) NC 4 (2007–2025) AL 4 (1965–2013) CT 4 (1977–2004) NE 4 (1986–2000) MA 4 (2017–2025) OK 3 (2013–2020) SD 3 (1992–2011) RI 3 (1969–2010) IN 3 (1991–2004) KS 3 (1994–2021) ND 3 (1999–2004) DE 2 (1999–2025) VI 2 (2015–2024) MI 2 (1934–2009) DC 2 (1984–1991) MS 2 (1974–2021)

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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