comparative negligence does not obtain doctrine (Oklahoma) · Go Syfert
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comparative negligence does not obtain doctrine in Oklahoma

7 Oklahoma opinions name it 1 courts 1915–1967 0 in the last five years

The cases below were cited by Oklahoma 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
Barbe v. Barbegreen
okla · 1962 · cited in 1 Oklahoma opinions naming this issue, 1967–1967
1 sentence

1967See also Barbe v. Barbe, Okl., 378 P.2d 314 . *753 It necessarily follows that defendant’s negligence is immaterial in resolving the issue presented for the reason plaintiff could not recover if he were guilty of contributory negligence.

11
Mount v. Nicholsgreen
okla · 1947 · cited in 1 Oklahoma opinions naming this issue, 1961–1961
2 sentences

1961See Mount v. Nichols et al., 198 Okl. 282 , 177 P.2d 1013 and cited cases. *93 It is settled law in this jurisdiction that the concurring negligence of plaintiff and defendant will not be weighed or apportioned; that there can be no recovery by a plaintiff who has been found guilty of contributory negligence.

1961See Mount v. Nichols et al., 198 Okl. 282 , 177 P.2d 1013 and cited cases. *93 It is settled law in this jurisdiction that the concurring negligence of plaintiff and defendant will not be weighed or apportioned; that there can be no recovery by a plaintiff who has been found guilty of contributory negligence.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Hailey-Ola Coal Co. v. Morgan neutral
okla · 1913
2 sentences

1947That is, you will find the amount of damages sustained by thq plaintiff, and then take therefrom a sum equal to the proportion which the negligence of the plaintiff bears to the negligence of the plaintiff and defendant.” In Gourley v. City of Oklahoma City, 104 Okla. 210 , 230 P. 923 , it is held: “The doctrine of comparative negligence does not obtain in this state.” Von Keller v. Ream, 93 Okla. 179 , 220 P. 330 ; Hailey-Ola Coal Co. v. Morgan, 39 Okla. 71 , 134 P. 29 .

1947That is, you will find the amount of damages sustained by thq plaintiff, and then take therefrom a sum equal to the proportion which the negligence of the plaintiff bears to the negligence of the plaintiff and defendant.” In Gourley v. City of Oklahoma City, 104 Okla. 210 , 230 P. 923 , it is held: “The doctrine of comparative negligence does not obtain in this state.” Von Keller v. Ream, 93 Okla. 179 , 220 P. 330 ; Hailey-Ola Coal Co. v. Morgan, 39 Okla. 71 , 134 P. 29 .

21915–1947
Gourley v. City of Oklahoma City neutral
okla · 1924
2 sentences

1947That is, you will find the amount of damages sustained by thq plaintiff, and then take therefrom a sum equal to the proportion which the negligence of the plaintiff bears to the negligence of the plaintiff and defendant.” In Gourley v. City of Oklahoma City, 104 Okla. 210 , 230 P. 923 , it is held: “The doctrine of comparative negligence does not obtain in this state.” Von Keller v. Ream, 93 Okla. 179 , 220 P. 330 ; Hailey-Ola Coal Co. v. Morgan, 39 Okla. 71 , 134 P. 29 .

1947That is, you will find the amount of damages sustained by thq plaintiff, and then take therefrom a sum equal to the proportion which the negligence of the plaintiff bears to the negligence of the plaintiff and defendant.” In Gourley v. City of Oklahoma City, 104 Okla. 210 , 230 P. 923 , it is held: “The doctrine of comparative negligence does not obtain in this state.” Von Keller v. Ream, 93 Okla. 179 , 220 P. 330 ; Hailey-Ola Coal Co. v. Morgan, 39 Okla. 71 , 134 P. 29 .

21935–1947
Public Service Company of Oklahoma v. Sanders neutral
okla · 1961
1 sentence

1967In Public Service Company of Oklahoma v. Sanders, Okl., 362 P.2d 90 , we held that the doctrine of comparative negligence does not obtain in Oklahoma; the law will not weigh or apportion the concurring negligence of plaintiff and defendant; and there can be no recovery by the plaintiff who has been found guilty of contributory negligence.

11967–1967
Von Keller v. Ream neutral
okla · 1923
2 sentences

1947That is, you will find the amount of damages sustained by thq plaintiff, and then take therefrom a sum equal to the proportion which the negligence of the plaintiff bears to the negligence of the plaintiff and defendant.” In Gourley v. City of Oklahoma City, 104 Okla. 210 , 230 P. 923 , it is held: “The doctrine of comparative negligence does not obtain in this state.” Von Keller v. Ream, 93 Okla. 179 , 220 P. 330 ; Hailey-Ola Coal Co. v. Morgan, 39 Okla. 71 , 134 P. 29 .

1947That is, you will find the amount of damages sustained by thq plaintiff, and then take therefrom a sum equal to the proportion which the negligence of the plaintiff bears to the negligence of the plaintiff and defendant.” In Gourley v. City of Oklahoma City, 104 Okla. 210 , 230 P. 923 , it is held: “The doctrine of comparative negligence does not obtain in this state.” Von Keller v. Ream, 93 Okla. 179 , 220 P. 330 ; Hailey-Ola Coal Co. v. Morgan, 39 Okla. 71 , 134 P. 29 .

11947–1947
Rose v. Cochran neutral
okla · 1921
2 sentences

1924This is the rule adopted by this court ini the case of Rose v. Cochran, 84 Okla. 148 , 202 Pac. 1003 , and the more recent case of Central Petroleum Company v. A. E.

1924This is the rule adopted by this court ini the case of Rose v. Cochran, 84 Okla. 148 , 202 Pac. 1003 , and the more recent case of Central Petroleum Company v. A. E.

11924–1924
Nottingham v. Ackiss neutral
va · 1910
1 sentence

1923Co., 110 Va. 853 , 67 S. E. 351 , wherein it was said : "The law will not weigh or apportion the concurring negligence of a plaintiff and defendant.

11923–1923
Templeton's Administrator v. Lynchburg Traction & Light Co. neutral
va · 1910
1 sentence

1923Co., 110 Va. 853 , 67 S. E. 351 , wherein it was said : "The law will not weigh or apportion the concurring negligence of a plaintiff and defendant.

11923–1923

Where else courts name it

OK 7 (1915–1967) MI 2 (1927–1977) MO 2 (1902–1919)

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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