arbitrary rule (Alabama) · Go Syfert
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arbitrary rule in Alabama

7 Alabama opinions name it 3 courts 1912–2013 0 in the last five years

The cases below were cited by Alabama 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
Rock v. Arkansasgreen
scotus · 1987 · cited in 2 Alabama opinions naming this issue, 2002–2013
2 sentences

2013The right ‘may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.’ [Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973).]” ’ “821 So.2d at 234-235, quoting Rock v. Arkansas, 483 U.S. 44, 51-52, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (last emphasis added).

2013The right ‘may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.’ [Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973).]” ’ “821 So.2d at 234-235, quoting Rock v. Arkansas, 483 U.S. 44, 51-52, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (last emphasis added).

22
Adams v. Stategreen
alacrimapp · 2001 · cited in 2 Alabama opinions naming this issue, 2002–2013
2 sentences

2013The right ‘may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.’ [Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973).]” ’ “821 So.2d at 234-235, quoting Rock v. Arkansas, 483 U.S. 44, 51-52, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (last emphasis added).

2002The right “may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.” [Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973).]’ ” 821 So.2d at 234-235 , quoting Rock v. Arkansas, 483 U.S. 44, 51-52, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (last emphasis added).

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Sloss-Sheffield Steel & Iron Co. v. Willingham neutral
ala · 1942
2 sentences

2011Sloss-Sheffield Steel & Iron Co. v. Willingham, 243 Ala. 352 , 10 So.2d 19 [(1942)] .... [[Image here]] [[Image here]] “Thus, it remains the law in this state that when a motorist, in violation of § 32-5A-150, fails to stop, look, and listen before crossing a railroad track and that failure results in injury or death caused by a collision with a passing train, the motorist is guilty of contributory negligence as a matter of law, unless special circumstances existing at the crossing suggest that even by keeping a proper lookout he could not have been aware of the presence of the railroad crossi

2011Sloss-Sheffield Steel & Iron Co. v. Willingham, 243 Ala. 352 , 10 So.2d 19 [(1942)] .... [[Image here]] [[Image here]] “Thus, it remains the law in this state that when a motorist, in violation of § 32-5A-150, fails to stop, look, and listen before crossing a railroad track and that failure results in injury or death caused by a collision with a passing train, the motorist is guilty of contributory negligence as a matter of law, unless special circumstances existing at the crossing suggest that even by keeping a proper lookout he could not have been aware of the presence of the railroad crossi

31949–2011
Chambers v. Mississippi green
scotus · 1973
2 sentences

2013The right ‘may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.’ [Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973).]” ’ “821 So.2d at 234-235, quoting Rock v. Arkansas, 483 U.S. 44, 51-52, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (last emphasis added).

2013The right ‘may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process.’ [Chambers v. Mississippi, 410 U.S. 284, 295 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973).]” ’ “821 So.2d at 234-235, quoting Rock v. Arkansas, 483 U.S. 44, 51-52, 55 , 107 S.Ct. 2704 , 97 L.Ed.2d 37 (1987) (last emphasis added).

22002–2013
Louisville & Nashville R. R. v. Williams neutral
ala · 1911
1 sentence

2011Co. v. Williams, 172 Ala. 560, 578 , 55 So. 218 , 223 [ (1911) ]. “ ‘Thus the principle has been developed that the arbitrary rule of stop, look and listen is affected by whether or not the plaintiff knew or by reasonable care could have known he was about to cross the railroad tracks.

12011–2011
Cherokee County v. Cunningham green
ala · 1953
2 sentences

1956Cherokee County v. Cunningham, 260 Ala. 1 , 68 So.2d 507 ; Andrews v. Sullivan, 260 Ala. 291 , 69 So.2d 870 ; Smith v. Smith, 153 Ala. 504 , 45 So. 168 .

1956Cherokee County v. Cunningham, 260 Ala. 1 , 68 So.2d 507 ; Andrews v. Sullivan, 260 Ala. 291 , 69 So.2d 870 ; Smith v. Smith, 153 Ala. 504 , 45 So. 168 .

11956–1956
Smith v. Smith neutral
ala · 1907
2 sentences

1956Cherokee County v. Cunningham, 260 Ala. 1 , 68 So.2d 507 ; Andrews v. Sullivan, 260 Ala. 291 , 69 So.2d 870 ; Smith v. Smith, 153 Ala. 504 , 45 So. 168 .

1956Cherokee County v. Cunningham, 260 Ala. 1 , 68 So.2d 507 ; Andrews v. Sullivan, 260 Ala. 291 , 69 So.2d 870 ; Smith v. Smith, 153 Ala. 504 , 45 So. 168 .

11956–1956
Andrews v. Sullivan neutral
ala · 1954
2 sentences

1956Cherokee County v. Cunningham, 260 Ala. 1 , 68 So.2d 507 ; Andrews v. Sullivan, 260 Ala. 291 , 69 So.2d 870 ; Smith v. Smith, 153 Ala. 504 , 45 So. 168 .

1956Cherokee County v. Cunningham, 260 Ala. 1 , 68 So.2d 507 ; Andrews v. Sullivan, 260 Ala. 291 , 69 So.2d 870 ; Smith v. Smith, 153 Ala. 504 , 45 So. 168 .

11956–1956
Driscoll v. Gaffey green
mass · 1910
2 sentences

1912J., as “an arbitrary exception based upon a notion of what is practicable.” In a still later case (Driscoll v Gaffey, 207 Mass. 102 , 92 N. E. 1010 ), in which there was but a scintilla of evidence of a physical injury “from without,” the plaintiff herself refusing to state positively that anything hit her, and the testimony of her physician, which seems to have been her main reliance for proof of the injury complained of, being to the effect that fright was the sole cause of the injury, the court said: “Where, however, the fright or mental disturbance is accompanied as a result of the same ac

1912J., as “an arbitrary exception based upon a notion of what is practicable.” In a still later case (Driscoll v Gaffey, 207 Mass. 102 , 92 N. E. 1010 ), in which there was but a scintilla of evidence of a physical injury “from without,” the plaintiff herself refusing to state positively that anything hit her, and the testimony of her physician, which seems to have been her main reliance for proof of the injury complained of, being to the effect that fright was the sole cause of the injury, the court said: “Where, however, the fright or mental disturbance is accompanied as a result of the same ac

11912–1912

Where else courts name it

TX 46 (1847–2020) CT 38 (1896–2019) NY 31 (1853–2016) CA 29 (1892–2025) IL 28 (1867–2024) MO 20 (1900–1998) GA 19 (1897–2014) NJ 18 (1891–2014) LA 17 (1925–2020) TN 17 (1924–2019) MA 16 (1883–2001) OH 14 (1876–2024) FL 14 (1933–2025) WA 13 (1897–2025) OK 13 (1911–2013) AZ 12 (1923–2023) SC 12 (1922–2014) WI 11 (1885–1997) PA 11 (1853–2024) NC 9 (1907–2012) KS 9 (1877–1994) MN 8 (1911–1989) WY 7 (1908–2004) OR 7 (1887–1995) AL 7 (1912–2013) SD 6 (1892–2024) KY 6 (1919–2024) IA 6 (1902–1971) MT 6 (1924–2003) IN 6 (1933–1981) NE 5 (1905–1960) ME 5 (1885–2005) MS 5 (1957–2009) MD 4 (1909–1999) AR 4 (1886–2005) ND 4 (1957–1998) DC 4 (1957–2011) VA 4 (1888–1947) RI 3 (1907–1981) ID 3 (1918–1978) DE 3 (1940–1965) NM 2 (1992–2022) UT 2 (2006–2015) MI 2 (1881–1921) CO 2 (1915–2014)

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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