recovery doctrine (Nebraska) · Go Syfert
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recovery doctrine in Nebraska

6 Nebraska opinions name it 1 courts 1894–2004 0 in the last five years

The cases below were cited by Nebraska 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 (1)

CaseFollowedCited
Sperry v. Greinergreen
neb · 1963 · cited in 1 Nebraska opinions naming this issue, 1984–1984
2 sentences

1984Sperry v. Greiner, 175 Neb. 524 , 122 N.W.2d 463 *375 (1963).

1984Sperry v. Greiner, 175 Neb. 524 , 122 N.W.2d 463 *375 (1963).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Hershey v. Physicians Health Plan of Minnesota, Inc. green
minnctapp · 1993
2 sentences

2004Hershey, 498 N.W.2d at 521 .

2004Hershey, 498 N.W.2d at 521 .

12004–2004
Kohler v. Ford Motor Company green
neb · 1971
2 sentences

1977In Kohler v. Ford Motor Co., 187 Neb. 428 , 191 N. W. 2d 601 (1971), this court held that as a condition of a recovery under the doctrine of strict liability the “plaintiff was unaware of the claimed defect.” This holding has been criticized, NJI (1977 P.P.), Comment, § 11:20, p. 60, but to the effect that the knowledge of plaintiff to the claimed defect more properly ought to be an affirmative defense.

1977In Kohler v. Ford Motor Co., 187 Neb. 428 , 191 N. W. 2d 601 (1971), this court held that as a condition of a recovery under the doctrine of strict liability the “plaintiff was unaware of the claimed defect.” This holding has been criticized, NJI (1977 P.P.), Comment, § 11:20, p. 60, but to the effect that the knowledge of plaintiff to the claimed defect more properly ought to be an affirmative defense.

11977–1977
Toop v. Palmer green
neb · 1922
1 sentence

1930Toop v. Palmer, 108 Neb. 850 .

11930–1930
Estep v. Larsh neutral
ind · 1863
1 sentence

1897In Estep v. Larsh, 21 Ind., 190 , it was held that a judgment for costs on sustaining a demurrer to a complaint, where the plaintiff declined to amend and his action was therefore dismissed, could not be pleaded as a former recovery in bar of a subsequent action for the same cause, unless the record affirmatively showed that the merits were decided upon a demurrer.

11897–1897
City of Lincoln v. Gillilan neutral
· 1885
1 sentence

1894No review of the evidence will therefore be necessary, for the verdict is sufficiently supported by proofs as to every essential to sustain a recovery under the rule announced in City of Lincoln v. Gillilan, 18 Neb., 114 .

11894–1894

Where else courts name it

TX 47 (1895–2023) IL 33 (1883–2025) MO 21 (1853–2023) CA 15 (1865–2026) NY 15 (1860–2017) GA 12 (1906–2019) OH 9 (1892–2003) IN 8 (1900–2001) CT 7 (1912–2006) IA 7 (1881–1994) AL 7 (1989–2012) ND 7 (1968–2015) KY 7 (1874–1959) NJ 6 (1983–2020) NE 6 (1894–2004) PA 6 (1884–1988) WA 6 (1912–2008) TN 5 (1921–2006) VA 5 (1994–2026) KS 5 (1901–2010) MN 5 (1943–1993) AZ 5 (1954–2016) WV 4 (1904–1962) OR 3 (1933–2006) DE 3 (2006–2023) NM 3 (1950–2006) MI 3 (1938–2015) FL 3 (1919–1984) LA 3 (1939–1991) UT 2 (1908–1988) NC 2 (1896–2026) MS 2 (1996–1998) VT 2 (1923–1935) WY 2 (1984–1989) AR 2 (1971–1994) MD 2 (1993–2006) MA 2 (1959–2002) SD 2 (1943–1992) AK 2 (1983–1992) SC 2 (1976–1985)

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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