assumed or incurred risk is based doctrine (West Virginia) · Go Syfert
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assumed or incurred risk is based doctrine in West Virginia

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.

Followed or applied (2)

CaseFollowedCited
Hollen v. Lingergreen
wva · 1966 · cited in 3 West Virginia opinions naming this issue, 1989–2000
2 sentences

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).

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).

33
Desco Corp. v. Harry W. Trushel Construction Co.green
wva · 1991 · cited in 2 West Virginia opinions naming this issue, 1991–1994
2 sentences

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”).

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”).

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Gill, Jr., a Minor v. Arthur green
ohioctapp · 1941
2 sentences

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.

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.

21959–1970
Masters v. New York Central Rd. neutral
ohio · 1947
2 sentences

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.

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.

21959–1970
Wootten v. Wootten green
scotus · 1947
2 sentences

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.

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.

21959–1970
Masters v. New York Central Railroad green
scotus · 1947
2 sentences

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.

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.

21959–1970
Ventura v. Winegardner green
wva · 1987
1 sentence

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

11989–1989
Korzun v. Shahan green
wva · 1966
2 sentences

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

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

11989–1989
Cross v. Noland green
wva · 1972
2 sentences

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

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

11989–1989
Matthews v. Cumberland & Allegheny Gas Co. green
wva · 1953
1 sentence

1970Va. 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.

11970–1970

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