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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.
| Case | Followed | Cited |
|---|---|---|
Fletcher v. Pierceallgreen2 sentences1960As 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. | 1 | 2 |
Leming v. Oilfields Trucking Co.green2 sentences1960(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. | 1 | 1 |
Stickel v. Durfeegreen2 sentences1960(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. | 1 | 1 |
Sinclair v. Pioneer Truck Co.green2 sentences1949It 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 ]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gilbert v. Pessin Grocery Co.
green
2 sentences1959(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. | 1 | 1959–1959 |
Barnett. v. Garrison
green
2 sentences1956(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. | 1 | 1956–1956 |
People v. Visconti
green
2 sentences1947However, 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. | 1 | 1947–1947 |
People v. Quinn
green
2 sentences1947To 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 ]. | 1 | 1947–1947 |
People v. Vasquez
green
2 sentences1947To 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 ]. | 1 | 1947–1947 |
People v. Garrett
green
2 sentences1947To 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 ]. | 1 | 1947–1947 |
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.