rationale underlying rule (Wyoming) · Go Syfert
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rationale underlying rule in Wyoming

7 Wyoming opinions name it 1 courts 1970–2017 0 in the last five years

The cases below were cited by Wyoming 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 (3)

CaseFollowedCited
Eiselein v. K-Mart, Inc.green
wyo · 1994 · cited in 2 Wyoming opinions naming this issue, 1996–2017
2 sentences

2017We adopted the natural accumulation rule in Watts v. Holmes, 386 P.2d 718, 719 (Wyo. 1963), where we held that a store owner cannot be considered negligent “for allowing the natural accumulation of ice due to weather conditions, where he has not created the condition.” [1Í15] The rationale underlying the rule is that “[t]he plaintiff is in a much better position to prevent injuries from ice or snow because the plaintiff can take precautions at the very moment the conditions are encountered.” Eiselein v. K-Mart, Inc., 868 P.2d 893, 898 (Wyo. 1994).

1996Eiselein, 868 P.2d at 897 ; see also Johnson v. Hawkins, 622 P.2d 941, 942-43 (Wyo.1981).

12
Watts v. Holmesgreen
wyo · 1963 · cited in 1 Wyoming opinions naming this issue, 2017–2017
1 sentence

2017We adopted the natural accumulation rule in Watts v. Holmes, 386 P.2d 718, 719 (Wyo. 1963), where we held that a store owner cannot be considered negligent “for allowing the natural accumulation of ice due to weather conditions, where he has not created the condition.” [1Í15] The rationale underlying the rule is that “[t]he plaintiff is in a much better position to prevent injuries from ice or snow because the plaintiff can take precautions at the very moment the conditions are encountered.” Eiselein v. K-Mart, Inc., 868 P.2d 893, 898 (Wyo. 1994).

11
Johnson v. Hawkinsgreen
wyo · 1981 · cited in 1 Wyoming opinions naming this issue, 1996–1996
1 sentence

1996Eiselein, 868 P.2d at 897 ; see also Johnson v. Hawkins, 622 P.2d 941, 942-43 (Wyo.1981).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Richmond v. State green
wyo · 1976
2 sentences

2008The rationale underlying this claim is that the purpose of the rule is to deter homicides in the course of felonies, including those resulting from negligence or accident, by holding the perpetrators strictly responsible Richmond, 554 P.2d at 1232 .

1992Richmond, 554 P.2d at 1232 .

21992–2008
Paulson v. Andicoechea green
wyo · 1996
2 sentences

2002Paulson, 926 P.2d at 957 . [¶ 12] We agree with the district court's statement: Anyone who has ever lived anywhere in Wyoming knows that the wind and its potential severity are just as natural as the accumulation of ice and snow.

2002Paulson, 926 P.2d at 957 . [¶ 12] We agree with the district court's statement: Anyone who has ever lived anywhere in Wyoming knows that the wind and its potential severity are just as natural as the accumulation of ice and snow.

12002–2002
Kwallek v. State green
wyo · 1979
2 sentences

2000Furthermore, each person charged with an offense must be tried upon evidence tending to show his guilt or innocence." Id.

2000Furthermore, each person charged with an offense must be tried upon evidence tending to show his guilt or innocence." Id.

12000–2000
Dulansky v. Iowa-Illinois Gas & Electric Co. green
ca8 · 1951
1 sentence

1970In Dulansky v. Iowa-Illinois Gas & Electric Co., supra, 191 F.2d at 884 , the court after pointing out that such opinions were not of conclusive force said this: “ * * * Whatever the weight of the testimony of these witnesses might be on trial a party may not, we think, by resorting to motion for summary judgment supported by affidavits, withdraw his witnesses from cross-examination, the best known method for testing the truthfulness of testimony.

11970–1970
Shoni Uranium Corp. v. Federal-Radorock Gas Hills Partners neutral
wyo · 1965
1 sentence

1970To a large extent the rationale underlying the rule is based on the principle often pronounced by this court that the weight and probative value of expert opinion is a matter for determination by the trier of the facts — see for example State Highway Commission v. Newton, Wyo., 395 P.2d 606 , 609 — and we have further said that the court must “necessarily evaluate the testimony and decide which of the diverse views to accept,” Shoni Uranium Corporation v. Federal-Radorock Gas Hills Partners, Wyo., 407 P.2d 710, 713 .

11970–1970
State Highway Commission v. Newton green
wyo · 1964
1 sentence

1970To a large extent the rationale underlying the rule is based on the principle often pronounced by this court that the weight and probative value of expert opinion is a matter for determination by the trier of the facts — see for example State Highway Commission v. Newton, Wyo., 395 P.2d 606 , 609 — and we have further said that the court must “necessarily evaluate the testimony and decide which of the diverse views to accept,” Shoni Uranium Corporation v. Federal-Radorock Gas Hills Partners, Wyo., 407 P.2d 710, 713 .

11970–1970

Where else courts name it

CA 87 (1964–2025) IL 78 (1970–2026) NY 58 (1956–2026) TX 39 (1990–2022) OH 38 (1982–2026) CT 35 (1983–2022) MD 32 (1980–2024) PA 28 (1976–2026) MO 26 (1970–2024) NJ 15 (1978–2025) GA 13 (1978–2024) WA 13 (1971–2016) IN 13 (1973–2020) MI 13 (1974–2021) IA 12 (1988–2023) FL 11 (1968–2011) DC 10 (1978–2017) TN 10 (1993–2018) NC 9 (1987–2018) WI 9 (1971–2024) LA 8 (1967–2014) MN 8 (1993–2019) VA 8 (1990–2017) NH 8 (1972–2002) NM 8 (2000–2019) WV 7 (1983–2015) CO 7 (1986–2005) AL 7 (1977–2016) WY 7 (1970–2017) MT 6 (1998–2008) UT 6 (1993–2022) ME 6 (1969–2018) ND 6 (1985–2005) DE 6 (1974–2023) AZ 5 (1984–2012) NE 5 (1983–2002) HI 4 (1995–2019) RI 4 (1970–2014) VT 4 (1985–2022) NV 3 (1998–2011) MA 3 (1981–2004) SC 3 (1996–2004) MS 3 (1980–1998) OR 2 (1999–2008)

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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