requested specific instruction (California) · Go Syfert
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requested specific instruction in California

5 California opinions name it 1 courts 1947–1960 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 (4)

CaseFollowedCited
Fletcher v. Pierceallgreen
calctapp · 1956 · cited in 2 California opinions naming this issue, 1959–1960
2 sentences

1960As was said in Fletcher v. Pierceall, 146 Cal.App.2d 859, 863 [2] [ 304 P.2d 770 ] : “In considering this question it is the law that the giving of a general instruction which simply covers the subject in an abstract way does not justify the refusal of a requested specific instruction.” It is unquestionably the duty of the court to adequately instruct on the law of the case and to give requested instructions on each legal problem where such requested instruction is not adequately covered by the instructions already given.

1960As was said in Fletcher v. Pierceall, 146 Cal.App.2d 859, 863 [2] [ 304 P.2d 770 ] : “In considering this question it is the law that the giving of a general instruction which simply covers the subject in an abstract way does not justify the refusal of a requested specific instruction.” It is unquestionably the duty of the court to adequately instruct on the law of the case and to give requested instructions on each legal problem where such requested instruction is not adequately covered by the instructions already given.

12
Leming v. Oilfields Trucking Co.green
cal · 1955 · cited in 1 California opinions naming this issue, 1960–1960
2 sentences

1960(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [4] [ 199 P.2d 16 ] ; Leming v. Oilfields Trucking Co., 44 Cal.2d 343, 352 [6] [ 282 P.2d 23 , 51 A.L.R.2d 107 ].) Respondents do not contend that the two instructions, as worded, were incorrect.

1960(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [4] [ 199 P.2d 16 ] ; Leming v. Oilfields Trucking Co., 44 Cal.2d 343, 352 [6] [ 282 P.2d 23 , 51 A.L.R.2d 107 ].) Respondents do not contend that the two instructions, as worded, were incorrect.

11
Stickel v. Durfeegreen
calctapp · 1948 · cited in 1 California opinions naming this issue, 1960–1960
2 sentences

1960(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [4] [ 199 P.2d 16 ] ; Leming v. Oilfields Trucking Co., 44 Cal.2d 343, 352 [6] [ 282 P.2d 23 , 51 A.L.R.2d 107 ].) Respondents do not contend that the two instructions, as worded, were incorrect.

1960(Stickel v. Durfee, 88 Cal.App.2d 402, 406 [4] [ 199 P.2d 16 ] ; Leming v. Oilfields Trucking Co., 44 Cal.2d 343, 352 [6] [ 282 P.2d 23 , 51 A.L.R.2d 107 ].) Respondents do not contend that the two instructions, as worded, were incorrect.

11
Sinclair v. Pioneer Truck Co.green
calctapp · 1921 · cited in 1 California opinions naming this issue, 1949–1949
2 sentences

1949It is true that there are situations in which the general instruction so clearly and fully covers the subject matter that the refusal of a requested specific instruction need not be erroneous (compare Sinclair v. Pioneer Truck Co., 51 Cal.App. 174, 176-177 [ 196 P. 281 ]).

1949It is true that there are situations in which the general instruction so clearly and fully covers the subject matter that the refusal of a requested specific instruction need not be erroneous (compare Sinclair v. Pioneer Truck Co., 51 Cal.App. 174, 176-177 [ 196 P. 281 ]).

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 (6)

CaseCitedYears
Gilbert v. Pessin Grocery Co. green
calctapp · 1955
2 sentences

1959(Gilbert v. Pessin Grocery Co., 132 Cal.App.2d 212 [ 282 P.2d 148 ]; Fletcher v. Pierceall, 146 Cal.App.2d 859 [ 304 P.2d 770 ].) But, it is our opinion that, properly construed, the given instructions were not mere general, abstract statements of the law, but were sufficiently specific.

1959(Gilbert v. Pessin Grocery Co., 132 Cal.App.2d 212 [ 282 P.2d 148 ]; Fletcher v. Pierceall, 146 Cal.App.2d 859 [ 304 P.2d 770 ].) But, it is our opinion that, properly construed, the given instructions were not mere general, abstract statements of the law, but were sufficiently specific.

11959–1959
Barnett. v. Garrison green
calctapp · 1949
2 sentences

1956(Barnett v. Garrison, 93 Cal.App.2d 553 [ 209 P.2d 426 ].) In the instant case we think that the jury was told, although not in the language desired by appellant, that the negligence of Horn was not imputed to appellant, and that appellant was entitled to a verdict against respondent if neg *864 ligence on his part proximately caused, concurred in, or contributed to the accident.

1956(Barnett v. Garrison, 93 Cal.App.2d 553 [ 209 P.2d 426 ].) In the instant case we think that the jury was told, although not in the language desired by appellant, that the negligence of Horn was not imputed to appellant, and that appellant was entitled to a verdict against respondent if neg *864 ligence on his part proximately caused, concurred in, or contributed to the accident.

11956–1956
People v. Visconti green
calctapp · 1916
2 sentences

1947However, another line of cases, deriving from People v. Visconti, 31 Cal.App. 169 [ 160 P. 410, 411 ], holds it reversible error not to give a requested specific instruction on reasonable doubt caused by evidence as to alibi notwithstanding the fact that general instructions on reasonable doubt were given.

1947However, another line of cases, deriving from People v. Visconti, 31 Cal.App. 169 [ 160 P. 410, 411 ], holds it reversible error not to give a requested specific instruction on reasonable doubt caused by evidence as to alibi notwithstanding the fact that general instructions on reasonable doubt were given.

11947–1947
People v. Quinn green
calctapp · 1931
2 sentences

1947To this line of cases belong for instance: People v. Garrett, 93 Cal.App. 77 [ 268 P. 1071 ]; People v. Vasquez, 93 Cal.App. 448 [ 269 P. 549 ]; People v. Quinn, 111 Cal.App. 614 [ 295 P. 1042 ].

1947To this line of cases belong for instance: People v. Garrett, 93 Cal.App. 77 [ 268 P. 1071 ]; People v. Vasquez, 93 Cal.App. 448 [ 269 P. 549 ]; People v. Quinn, 111 Cal.App. 614 [ 295 P. 1042 ].

11947–1947
People v. Vasquez green
calctapp · 1928
2 sentences

1947To this line of cases belong for instance: People v. Garrett, 93 Cal.App. 77 [ 268 P. 1071 ]; People v. Vasquez, 93 Cal.App. 448 [ 269 P. 549 ]; People v. Quinn, 111 Cal.App. 614 [ 295 P. 1042 ].

1947To this line of cases belong for instance: People v. Garrett, 93 Cal.App. 77 [ 268 P. 1071 ]; People v. Vasquez, 93 Cal.App. 448 [ 269 P. 549 ]; People v. Quinn, 111 Cal.App. 614 [ 295 P. 1042 ].

11947–1947
People v. Garrett green
calctapp · 1928
2 sentences

1947To this line of cases belong for instance: People v. Garrett, 93 Cal.App. 77 [ 268 P. 1071 ]; People v. Vasquez, 93 Cal.App. 448 [ 269 P. 549 ]; People v. Quinn, 111 Cal.App. 614 [ 295 P. 1042 ].

1947To this line of cases belong for instance: People v. Garrett, 93 Cal.App. 77 [ 268 P. 1071 ]; People v. Vasquez, 93 Cal.App. 448 [ 269 P. 549 ]; People v. Quinn, 111 Cal.App. 614 [ 295 P. 1042 ].

11947–1947

Where else courts name it

CA 5 (1947–1960) MN 2 (1979–1990) WI 2 (1973–1982)

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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