mere fact violation (Idaho) · Go Syfert
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mere fact violation in Idaho

6 Idaho opinions name it 2 courts 1954–2021 1 in the last five years

The cases below were cited by Idaho 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 (5)

CaseFollowedCited
Ace Realty, Inc. v. Andersongreen
idahoctapp · 1984 · cited in 1 Idaho opinions naming this issue, 2007–2007
2 sentences

2007Ace Realty, Inc. v. Anderson, 106 Idaho 742, 751 , 682 P.2d 1289, 1298 (Ct.App.1984).

2007Ace Realty, Inc. v. Anderson, 106 Idaho 742, 751 , 682 P.2d 1289, 1298 (Ct.App.1984).

11
Mario Garcia v. William Bunnellgreen
ca9 · 1994 · cited in 1 Idaho opinions naming this issue, 2003–2003
1 sentence

2003See Garcia v. Bunnell, 33 F.3d 1193, 1199 (9th Cir.1994), cert. denied 514 U.S. 1024 , 115 S.Ct. 1374 , 131 L.Ed.2d 229 (1995) (The mere fact of defense counsel’s future employment with the district attorney’s office did not create an actual conflict.).

11
Holston v. United States District Courtgreen
scotus · 1995 · cited in 1 Idaho opinions naming this issue, 2003–2003
1 sentence

2003See Garcia v. Bunnell, 33 F.3d 1193, 1199 (9th Cir.1994), cert. denied 514 U.S. 1024 , 115 S.Ct. 1374 , 131 L.Ed.2d 229 (1995) (The mere fact of defense counsel’s future employment with the district attorney’s office did not create an actual conflict.).

11
Garcia v. Bunnellgreen
scotus · 1995 · cited in 1 Idaho opinions naming this issue, 2003–2003
1 sentence

2003See Garcia v. Bunnell, 33 F.3d 1193, 1199 (9th Cir.1994), cert. denied 514 U.S. 1024 , 115 S.Ct. 1374 , 131 L.Ed.2d 229 (1995) (The mere fact of defense counsel’s future employment with the district attorney’s office did not create an actual conflict.).

11
Harris v. Lawlergreen
scotus · 1995 · cited in 1 Idaho opinions naming this issue, 2003–2003
1 sentence

2003See Garcia v. Bunnell, 33 F.3d 1193, 1199 (9th Cir.1994), cert. denied 514 U.S. 1024 , 115 S.Ct. 1374 , 131 L.Ed.2d 229 (1995) (The mere fact of defense counsel’s future employment with the district attorney’s office did not create an actual conflict.).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Ross v. Ross green
idahoctapp · 2007
2 sentences

2021“The mere fact that a claim is disputed or litigated does not render damages ‘unascertainable.’ ” Id. at 277 , 178 P.3d at 642 .

2021“The mere fact that a claim is disputed or litigated does not render damages ‘unascertainable.’ ” Id. at 277 , 178 P.3d at 642 .

12021–2021
State v. Stevens green
idaho · 2008
2 sentences

2013Id.

2013Id.

12013–2013
Shelton v. Paris green
or · 1953
2 sentences

1962Kendrick v. Atchison, Topeka & Santa Fe Railroad Co., 182 Kan. 249 , 320 P.2d 1061 ; Mula v. Meyer, 132 Cal.App.2d 279 , 282 P.2d 107 ; Shelton v. Paris, 199 Or. 365 , 261 P.2d 856 .

1962Kendrick v. Atchison, Topeka & Santa Fe Railroad Co., 182 Kan. 249 , 320 P.2d 1061 ; Mula v. Meyer, 132 Cal.App.2d 279 , 282 P.2d 107 ; Shelton v. Paris, 199 Or. 365 , 261 P.2d 856 .

11962–1962
Mula v. Meyer green
calctapp · 1955
2 sentences

1962Kendrick v. Atchison, Topeka & Santa Fe Railroad Co., 182 Kan. 249 , 320 P.2d 1061 ; Mula v. Meyer, 132 Cal.App.2d 279 , 282 P.2d 107 ; Shelton v. Paris, 199 Or. 365 , 261 P.2d 856 .

1962Kendrick v. Atchison, Topeka & Santa Fe Railroad Co., 182 Kan. 249 , 320 P.2d 1061 ; Mula v. Meyer, 132 Cal.App.2d 279 , 282 P.2d 107 ; Shelton v. Paris, 199 Or. 365 , 261 P.2d 856 .

11962–1962
Kendrick v. Atchison, Topeka & Santa Fe Railroad green
kan · 1958
2 sentences

1962Kendrick v. Atchison, Topeka & Santa Fe Railroad Co., 182 Kan. 249 , 320 P.2d 1061 ; Mula v. Meyer, 132 Cal.App.2d 279 , 282 P.2d 107 ; Shelton v. Paris, 199 Or. 365 , 261 P.2d 856 .

1962Kendrick v. Atchison, Topeka & Santa Fe Railroad Co., 182 Kan. 249 , 320 P.2d 1061 ; Mula v. Meyer, 132 Cal.App.2d 279 , 282 P.2d 107 ; Shelton v. Paris, 199 Or. 365 , 261 P.2d 856 .

11962–1962
Bell v. Carlson green
idaho · 1954
2 sentences

1962This court held in Bell v. Carlson, 75 Idaho 193 , 270 P.2d 420 , that “Contributory negligence is generally a question of fact for the jury, but becomes a question of law for the court when es *16 tablished facts and circumstances permit only one possible conclusion to be drawn by a reasonably 'prudent' man.” In that case this court further held that “The mere fact of a violation of a law of the road is not contributory negligence barring recovery unless such negligence constitutes a proximate contributing cause to the injury.” So, too, while violation of a statute may constitute negligence p

1962This court held in Bell v. Carlson, 75 Idaho 193 , 270 P.2d 420 , that “Contributory negligence is generally a question of fact for the jury, but becomes a question of law for the court when es *16 tablished facts and circumstances permit only one possible conclusion to be drawn by a reasonably 'prudent' man.” In that case this court further held that “The mere fact of a violation of a law of the road is not contributory negligence barring recovery unless such negligence constitutes a proximate contributing cause to the injury.” So, too, while violation of a statute may constitute negligence p

11962–1962
Washington County v. Stephens neutral
· 1928
1 sentence

1954In Kelly v. Troy Laundry Co., supra [ 46 Idaho 214 , 267 P. 225 ], the court was considering the absence of a light on the front of a bicycle and quoted with approval from George v. McManus, 27 Cal.App. 414 , 150 P. 73 , as follows: “ ‘While the failure of a person to perform a duty imposed upon him by statute is sufficient evidence of negligence on his part, nevertheless such neglect, however illegal, in the absence of evidence showing it to have been the contributing cause of the injury, furnishes no legal ground for complaint.’ ” In Tendoy v. West, supra, this court, in considering the abse

11954–1954
Kelly v. Troy Laundry Co. green
idaho · 1928
1 sentence

1954In Kelly v. Troy Laundry Co., supra [ 46 Idaho 214 , 267 P. 225 ], the court was considering the absence of a light on the front of a bicycle and quoted with approval from George v. McManus, 27 Cal.App. 414 , 150 P. 73 , as follows: “ ‘While the failure of a person to perform a duty imposed upon him by statute is sufficient evidence of negligence on his part, nevertheless such neglect, however illegal, in the absence of evidence showing it to have been the contributing cause of the injury, furnishes no legal ground for complaint.’ ” In Tendoy v. West, supra, this court, in considering the abse

11954–1954
George v. McManus green
calctapp · 1915
2 sentences

1954In Kelly v. Troy Laundry Co., supra [ 46 Idaho 214 , 267 P. 225 ], the court was considering the absence of a light on the front of a bicycle and quoted with approval from George v. McManus, 27 Cal.App. 414 , 150 P. 73 , as follows: “ ‘While the failure of a person to perform a duty imposed upon him by statute is sufficient evidence of negligence on his part, nevertheless such neglect, however illegal, in the absence of evidence showing it to have been the contributing cause of the injury, furnishes no legal ground for complaint.’ ” In Tendoy v. West, supra, this court, in considering the abse

1954In Kelly v. Troy Laundry Co., supra [ 46 Idaho 214 , 267 P. 225 ], the court was considering the absence of a light on the front of a bicycle and quoted with approval from George v. McManus, 27 Cal.App. 414 , 150 P. 73 , as follows: “ ‘While the failure of a person to perform a duty imposed upon him by statute is sufficient evidence of negligence on his part, nevertheless such neglect, however illegal, in the absence of evidence showing it to have been the contributing cause of the injury, furnishes no legal ground for complaint.’ ” In Tendoy v. West, supra, this court, in considering the abse

11954–1954

Where else courts name it

CA 39 (1895–2025) TX 36 (1928–2026) NY 33 (1879–2022) IN 27 (1896–2023) MS 23 (1888–2015) IL 21 (1900–2025) FL 16 (1986–2004) MI 15 (1980–2020) MO 12 (1893–2016) PA 12 (1918–2019) NJ 11 (1951–2021) NM 9 (1968–2022) CO 8 (1975–2024) WA 7 (1937–2023) AZ 6 (1922–2013) ID 6 (1954–2021) TN 6 (1907–2012) OH 6 (1901–2019) KS 5 (1897–2022) GA 5 (1901–2005) OR 5 (1953–1998) SD 4 (1958–1987) OK 4 (1934–1997) IA 4 (1927–1942) VT 3 (1985–1991) AL 3 (1934–1991) UT 3 (1954–1994) MT 3 (2020–2023) DC 3 (1987–2010) LA 3 (2010–2024) KY 3 (1931–2026) NC 2 (2022–2022) VA 2 (2003–2016) WV 2 (2006–2011) MN 2 (1999–2016) ME 2 (1978–1996) WI 2 (1923–2004) CT 2 (1935–2003)

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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