party offering instruction (California) · Go Syfert
← California issues

party offering instruction in California

5 California opinions name it 2 courts 1957–1963 0 in the last five years

The cases below were cited by California 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 (8)

CaseFollowedCited
Edgett v. Fairchildgreen
calctapp · 1957 · cited in 2 California opinions naming this issue, 1959–1963
2 sentences

1963(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [ 199 P.2d 16 ] ; Edgett v. Fairchild, 153 Cal.App.2d 734, 738 [ 314 P.2d 973 ].) In determining whether or not the evidence supports the theory of the requested instruction, a reviewing court must view the evidence in the light most favorable to the party offering the instruction.

1963(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [ 199 P.2d 16 ] ; Edgett v. Fairchild, 153 Cal.App.2d 734, 738 [ 314 P.2d 973 ].) In determining whether or not the evidence supports the theory of the requested instruction, a reviewing court must view the evidence in the light most favorable to the party offering the instruction.

22
Sills v. Los Angeles Transit Linesgreen
cal · 1953 · cited in 3 California opinions naming this issue, 1957–1963
2 sentences

1963(Sills v. Los Angeles Transit Lines, 40 Cal.2d 630, 633 [ 255 P.2d 795 ] ; Edgett v. Fairchild, supra, p. 738 .) “The doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.” (Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384 [ 240 P.2d 580 ] ; Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161-162 [ 265 P.2d 904 ] ; see Rest., Torts, § 893, p. 491; Prosser on Torts (2d ed. 1955) § 55, pp. 303-314.) This theory is different than that upon which co

1963(Sills v. Los Angeles Transit Lines, 40 Cal.2d 630, 633 [ 255 P.2d 795 ] ; Edgett v. Fairchild, supra, p. 738 .) “The doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.” (Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384 [ 240 P.2d 580 ] ; Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161-162 [ 265 P.2d 904 ] ; see Rest., Torts, § 893, p. 491; Prosser on Torts (2d ed. 1955) § 55, pp. 303-314.) This theory is different than that upon which co

13
Hayes v. Richfield Oil Corp.green
cal · 1952 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963(Sills v. Los Angeles Transit Lines, 40 Cal.2d 630, 633 [ 255 P.2d 795 ] ; Edgett v. Fairchild, supra, p. 738 .) “The doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.” (Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384 [ 240 P.2d 580 ] ; Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161-162 [ 265 P.2d 904 ] ; see Rest., Torts, § 893, p. 491; Prosser on Torts (2d ed. 1955) § 55, pp. 303-314.) This theory is different than that upon which co

1963(Sills v. Los Angeles Transit Lines, 40 Cal.2d 630, 633 [ 255 P.2d 795 ] ; Edgett v. Fairchild, supra, p. 738 .) “The doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.” (Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384 [ 240 P.2d 580 ] ; Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161-162 [ 265 P.2d 904 ] ; see Rest., Torts, § 893, p. 491; Prosser on Torts (2d ed. 1955) § 55, pp. 303-314.) This theory is different than that upon which co

11
Stickel v. Durfeegreen
calctapp · 1948 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [ 199 P.2d 16 ] ; Edgett v. Fairchild, 153 Cal.App.2d 734, 738 [ 314 P.2d 973 ].) In determining whether or not the evidence supports the theory of the requested instruction, a reviewing court must view the evidence in the light most favorable to the party offering the instruction.

1963(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [ 199 P.2d 16 ] ; Edgett v. Fairchild, 153 Cal.App.2d 734, 738 [ 314 P.2d 973 ].) In determining whether or not the evidence supports the theory of the requested instruction, a reviewing court must view the evidence in the light most favorable to the party offering the instruction.

11
Prescott v. Ralphs Grocery Co.green
cal · 1954 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963(Sills v. Los Angeles Transit Lines, 40 Cal.2d 630, 633 [ 255 P.2d 795 ] ; Edgett v. Fairchild, supra, p. 738 .) “The doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.” (Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384 [ 240 P.2d 580 ] ; Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161-162 [ 265 P.2d 904 ] ; see Rest., Torts, § 893, p. 491; Prosser on Torts (2d ed. 1955) § 55, pp. 303-314.) This theory is different than that upon which co

1963(Sills v. Los Angeles Transit Lines, 40 Cal.2d 630, 633 [ 255 P.2d 795 ] ; Edgett v. Fairchild, supra, p. 738 .) “The doctrine of assumption of risk is based on the theory that there has been a voluntary acceptance of a risk, and such acceptance, whether express or implied, requires knowledge and appreciation of the risk.” (Hayes v. Richfield Oil Corp., 38 Cal.2d 375, 384 [ 240 P.2d 580 ] ; Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161-162 [ 265 P.2d 904 ] ; see Rest., Torts, § 893, p. 491; Prosser on Torts (2d ed. 1955) § 55, pp. 303-314.) This theory is different than that upon which co

11
People v. Sweeneygreen
cal · 1960 · cited in 1 California opinions naming this issue, 1961–1961
2 sentences

1961(See People v. Sellas, 114 Cal.App. 367, 372-377 [ 300 P. 150 ]; Ricdy v. Bidwell, 93 Cal.App. 202, 208 [ 269 P. 682 ]; cf. People v. Sweeney, 55 Cal.2d 27, 38-39 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].) But in the light of the record under review, there is no sound basis for the appellant’s assertion that there was prejudicial error in the giving of the challenged instruction.

1961(See People v. Sellas, 114 Cal.App. 367, 372-377 [ 300 P. 150 ]; Ricdy v. Bidwell, 93 Cal.App. 202, 208 [ 269 P. 682 ]; cf. People v. Sweeney, 55 Cal.2d 27, 38-39 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].) But in the light of the record under review, there is no sound basis for the appellant’s assertion that there was prejudicial error in the giving of the challenged instruction.

11
People v. Sellasgreen
calctapp · 1931 · cited in 1 California opinions naming this issue, 1961–1961
2 sentences

1961(See People v. Sellas, 114 Cal.App. 367, 372-377 [ 300 P. 150 ]; Ricdy v. Bidwell, 93 Cal.App. 202, 208 [ 269 P. 682 ]; cf. People v. Sweeney, 55 Cal.2d 27, 38-39 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].) But in the light of the record under review, there is no sound basis for the appellant’s assertion that there was prejudicial error in the giving of the challenged instruction.

1961(See People v. Sellas, 114 Cal.App. 367, 372-377 [ 300 P. 150 ]; Ricdy v. Bidwell, 93 Cal.App. 202, 208 [ 269 P. 682 ]; cf. People v. Sweeney, 55 Cal.2d 27, 38-39 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].) But in the light of the record under review, there is no sound basis for the appellant’s assertion that there was prejudicial error in the giving of the challenged instruction.

11
Riedy v. Bidwellgreen
calctapp · 1928 · cited in 1 California opinions naming this issue, 1961–1961
2 sentences

1961(See People v. Sellas, 114 Cal.App. 367, 372-377 [ 300 P. 150 ]; Ricdy v. Bidwell, 93 Cal.App. 202, 208 [ 269 P. 682 ]; cf. People v. Sweeney, 55 Cal.2d 27, 38-39 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].) But in the light of the record under review, there is no sound basis for the appellant’s assertion that there was prejudicial error in the giving of the challenged instruction.

1961(See People v. Sellas, 114 Cal.App. 367, 372-377 [ 300 P. 150 ]; Ricdy v. Bidwell, 93 Cal.App. 202, 208 [ 269 P. 682 ]; cf. People v. Sweeney, 55 Cal.2d 27, 38-39 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].) But in the light of the record under review, there is no sound basis for the appellant’s assertion that there was prejudicial error in the giving of the challenged instruction.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Wolfsmith v. Marsh green
cal · 1959
2 sentences

1963(Wolfsmith v. Marsh (1959) 51 Cal.2d 832, 833 , fn. [ 337 P.2d 70 , 82 A.L.R.2d 1257 ].) Mahoney worked as foreman on the day shift for the contractor boring the tunnel.

1963(Wolfsmith v. Marsh (1959) 51 Cal.2d 832, 833 , fn. [ 337 P.2d 70 , 82 A.L.R.2d 1257 ].) Mahoney worked as foreman on the day shift for the contractor boring the tunnel.

11963–1963

Where else courts name it

MO 56 (1941–2024) VA 10 (1997–2025) CA 5 (1957–1963) IN 2 (2002–2011) WI 2 (2020–2022) CT 2 (1999–1999) WA 2 (1971–2023)

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.

← Caselaw search · G Cite Topics · Brief Check