6 North Dakota opinions name it 1 courts 1923–1990 0 in the last five years
The cases below were cited by North Dakota 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 |
|---|---|---|
Wentz Ex Rel. Wentz v. Desethgreen2 sentences1990First Trust Co. of North Dakota *768 v. Scheels Hardware & Sports Shop, Inc., 429 N.W.2d 5, 9 (N.D.1988); Feuerherm v. Ertelt, 286 N.W.2d 509, 512 (N.D.1979); Wentz v. Deseth, 221 N.W.2d 101, 104-105 (N.D.1974). 1977In Wentz v. Deseth, 221 N.W.2d 101 (N.D. *538 1974), we identified the elements of the assumption-of-risk defense as knowledge of abnormal danger, voluntary exposure to it, freedom of choice to avoid it, and injury proximately caused by the abnormal danger. | 1 | 2 |
First Trust Co. of North Dakota v. Scheels Hardware & Sports Shop, Inc.green1 sentence1990First Trust Co. of North Dakota *768 v. Scheels Hardware & Sports Shop, Inc., 429 N.W.2d 5, 9 (N.D.1988); Feuerherm v. Ertelt, 286 N.W.2d 509, 512 (N.D.1979); Wentz v. Deseth, 221 N.W.2d 101, 104-105 (N.D.1974). | 1 | 1 |
Feuerherm v. Erteltgreen1 sentence1990First Trust Co. of North Dakota *768 v. Scheels Hardware & Sports Shop, Inc., 429 N.W.2d 5, 9 (N.D.1988); Feuerherm v. Ertelt, 286 N.W.2d 509, 512 (N.D.1979); Wentz v. Deseth, 221 N.W.2d 101, 104-105 (N.D.1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Seaboard Air Line Railway v. Moore
green
2 sentences1927Co. v. Moore, 228 U. S. 433 , 57 L. ed. 907, 33 Sup. Ct. Rep. 580; Seaboard Air Line R. 1923Co. v. Moore, 228 U. S. 433 , 57 L. ed. 907, 33 Sup. Ct. Rep. 580; Seaboard Air Line R. | 2 | 1923–1927 |
Wheat v. Patterson
green
2 sentences1974Incidentally, we wish to point out that Section 9-10-06, N.D.C.C., which is the source of the doctrine of assumption of risk in North Dakota [Wheat v. Patterson, 154 N.W.2d 367 (N.D.1967)], was amended by the 1973 Legislature when it adopted the doctrine of comparative negligence [see Chap. 78, 1973 Session Laws, now Sec. 9-10-07, pocket supp. to N.D.C.C.]. 1974Incidentally, we wish to point out that Section 9-10-06, N.D.C.C., which is the source of the doctrine of assumption of risk in North Dakota [Wheat v. Patterson, 154 N.W.2d 367 (N.D.1967)], was amended by the 1973 Legislature when it adopted the doctrine of comparative negligence [see Chap. 78, 1973 Session Laws, now Sec. 9-10-07, pocket supp. to N.D.C.C.]. | 1 | 1974–1974 |
Garrity v. Mangan
green
2 sentences1967Christopherson v. Christensen, supra, relies on two previous Iowa cases — Reeves v. Beekman, 256 Iowa 263 , 127 N.W.2d 95 , and Garrity v. Mangan, 232 Iowa 1188 , 6 N.W.2d 292 . 1967Christopherson v. Christensen, supra, relies on two previous Iowa cases — Reeves v. Beekman, 256 Iowa 263 , 127 N.W.2d 95 , and Garrity v. Mangan, 232 Iowa 1188 , 6 N.W.2d 292 . | 1 | 1967–1967 |
Reeves v. Beekman
green
2 sentences1967Christopherson v. Christensen, supra, relies on two previous Iowa cases — Reeves v. Beekman, 256 Iowa 263 , 127 N.W.2d 95 , and Garrity v. Mangan, 232 Iowa 1188 , 6 N.W.2d 292 . 1967Christopherson v. Christensen, supra, relies on two previous Iowa cases — Reeves v. Beekman, 256 Iowa 263 , 127 N.W.2d 95 , and Garrity v. Mangan, 232 Iowa 1188 , 6 N.W.2d 292 . | 1 | 1967–1967 |
Miller v. Minneapolis, Saint Paul & Sault Ste. Marie Railway Co.
neutral
2 sentences1927Co. 50 N. D. 206 , 195 N. W. 33 , at page 215 of the official report and page 36 of the Northwestern Report, is applicable here: “And, of course, the plaintiff did not assume the risks of any injury caused by the negligence of a fellow servant, for while it is true the Federal Employers’ Liability Act did not abolish the doctrine of assumption of risk (Seaboard Air Line R. 1927Co. 50 N. D. 206 , 195 N. W. 33 , at page 215 of the official report and page 36 of the Northwestern Report, is applicable here: “And, of course, the plaintiff did not assume the risks of any injury caused by the negligence of a fellow servant, for while it is true the Federal Employers’ Liability Act did not abolish the doctrine of assumption of risk (Seaboard Air Line R. | 1 | 1927–1927 |
Chesapeake & Ohio Railway Co. v. De Atley
green
1 sentence1923Co. v. De Atley, supra. And, of course, the plaintiff did not assume the risks of any injury caused by the negligence of a fellow servant, for while it is true the Federal Employers’ Liability Act did not abolish the doctrine of assumption of risk (Seaboard Air Line R. | 1 | 1923–1923 |
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.