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7 West Virginia opinions name it 1 courts 1959–2000 0 in the last five years
The cases below were cited by West Virginia 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 |
|---|---|---|
Hollen v. Lingergreen2 sentences2000Based on the evidence that was presented in this case, the jury was given an instruction on assumption of the risk. 2 “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966). 2000Based on the evidence that was presented in this case, the jury was given an instruction on assumption of the risk. 2 “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966). | 3 | 3 |
Desco Corp. v. Harry W. Trushel Construction Co.green2 sentences1994Trushel Construction Co., 186 W.Va. 430 , 413 S.E.2d 85 (1991) (“The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence”). 1994Trushel Construction Co., 186 W.Va. 430 , 413 S.E.2d 85 (1991) (“The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence”). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gill, Jr., a Minor v. Arthur
green
2 sentences1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. 1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. | 2 | 1959–1970 |
Masters v. New York Central Rd.
neutral
2 sentences1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. 1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. | 2 | 1959–1970 |
Wootten v. Wootten
green
2 sentences1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. 1959J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E. 2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E. 2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. | 2 | 1959–1970 |
Masters v. New York Central Railroad
green
2 sentences1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. 1970J. 1102; Gill v. Arthur, 69 Ohio App. 386 , 43 N. E.2d 894 ; Masters v. New York Central Railroad Company, 147 Ohio St. 293 , 70 N. E.2d 898 , certiorari denied 331 U. S. 836 , 67 S. Ct. 1519 , 91 L. | 2 | 1959–1970 |
Ventura v. Winegardner
green
1 sentence1989Failure to use due *281 care under the circumstances constitutes the element of contributory negligence.” In Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966), we summarized the doctrine in these terms: “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Our assumption of risk doctrine requires actual knowledge of the dangerous condition, in ac | 1 | 1989–1989 |
Korzun v. Shahan
green
2 sentences1989Failure to use due *281 care under the circumstances constitutes the element of contributory negligence.” In Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966), we summarized the doctrine in these terms: “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Our assumption of risk doctrine requires actual knowledge of the dangerous condition, in ac 1989Failure to use due *281 care under the circumstances constitutes the element of contributory negligence.” In Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966), we summarized the doctrine in these terms: “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Our assumption of risk doctrine requires actual knowledge of the dangerous condition, in ac | 1 | 1989–1989 |
Cross v. Noland
green
2 sentences1989Failure to use due *281 care under the circumstances constitutes the element of contributory negligence.” In Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966), we summarized the doctrine in these terms: “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Our assumption of risk doctrine requires actual knowledge of the dangerous condition, in ac 1989Failure to use due *281 care under the circumstances constitutes the element of contributory negligence.” In Hollen v. Linger, 151 W.Va. 255, 263 , 151 S.E.2d 330, 335 (1966), we summarized the doctrine in these terms: “The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence.” Our assumption of risk doctrine requires actual knowledge of the dangerous condition, in ac | 1 | 1989–1989 |
Matthews v. Cumberland & Allegheny Gas Co.
green
1 sentence1970Va. 639 , 77 S. E.2d 180 , in the following language: “ ‘The doctrine of assumed or incurred risk is based upon the existence of a factual situation in which the act of the defendant alone creates the danger and causes the injury, and the plaintiff voluntarily exposes himself to the danger with full knowledge and appreciation of its existence. 65 C.J.S., Negligence, Section 174; 62 C. | 1 | 1970–1970 |