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Cases cited for the legal proposition you have searched for.

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1

...of the assault was to hurry the workman assaulted about work assigned him. Id. 3. The rule that statutes in derogation of the common law are to be strictly construed does not require such an...The Employers' Liability Cases, 207 U.S. 463. The rule that statutes in derogation of the common law are to be strictly construed...may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the...


Court: U.S. Supreme Court
Date: May 26, 1930 Cited By: 198 Coram: 1
2

..., 846 S.W.2d 262, 263 (Tenn. 1993). Additionally, "statutes in derogation of the common law are to be strictly construed and confined to their express terms." Ezell v. Cockrell... statutory construction, principally that statutes in derogation of the common law be strictly construed. After conducting a thorough review of...asserted a cause of action based upon the theories of respondeat superior, negligent hiring and supervision, and statutory liability under applicable regulations and statutes. In response to Aramark's motion...


Court: Supreme Court of Tennessee. at Nashville
Date: Nov 22, 2002 Cited By: 257 Coram: 1
3

...while acting within the scope of their employment. In Oklahoma, statutes in derogation of the common law are to be liberally construed in order...remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly construed, shall not be applicable to any general...statutes in derogation thereof are to be strictly construed, has no application to the laws of this state, which are to be liberally construed with a view to effect their objects and to promote justice...


Court: Supreme Court of Oklahoma.
Date: Jul 14, 1987 Cited By: 174 Coram: 1
4

...to sustain the demurrer to the petition, for the reason that statutes in derogation of the common law must be strictly construed, and under a strict construction of Section 712, General Code.... John W. Bricker, attorney general, Mr. Sidney G. Kusworm, Mr. D.W. Iddings, Mr. Hubert A. Estabrook and Mr. Norman L. Weisman, for plaintiffs in error.... Messrs. Ozias Ozias and Mr. W.S. Rhotehamel, for defendant in error. Banks and banking — Liquidation...


Court: Supreme Court of Ohio.
Date: Apr 11, 1934 Cited By: 2
5

...to the petition, for the reason that statutes in derogation of the common law must be strictly construed, and under a strict construction of Section 712, General Code, presentation of a check for..., attorney general, Mr. Sidney G. Kusworm, Mr. D.W. Iddings, Mr. Hubert A. Estabrook and Mr. Norman L. Weisman, for plaintiffs in error. Messrs. Ozias Ozias and...Mr. W.S. Rhotehamel, for defendant in error. Banks and banking — Liquidation — Presentation of check for...


Court: Supreme Court of Ohio.
Date: Apr 11, 1934 Cited By: 1
6

..., and was premised on the general rule that statutes in derogation of common law are to be strictly construed. A majority of this Court has never addressed the construction rule...termination of the parent-child relationship derives not just from the general rule that statutes in derogation of the common law should be strictly construed...Goff v. Benedict, 252 S.C. 83, 165 S.E.2d 269 (1969). Goff was decided in 1969, prior to the enactment of the TPR statutes...


Court: Supreme Court of South Carolina.
Date: Aug 15, 2000 Cited By: 109 Coram: 1
7

...recover is the killer of the one from whom he seeks to inherit. 2. STATUTES — IN DEROGATION OF COMMON LAW — CONSTRUCTION OPERATION. — Statutes in derogation of the rules of common law are strictly construed...according to the course of the common law, * * *." See, also, Ark. Stat. Ann. 1-101 (Repl. 1956). We have long recognized the rule that statutes in derogation of..., say appellees, in the case at bar the son is not barred from sharing in his parents' estate since there is an absence of an express statutory limitation. We do not so construe our statutes or the law...


Court: Supreme Court of Arkansas
Date: Feb 16, 1970 Cited By: 15 Coram: 1
8

...IN DEROGATION OF COMMON LAW. — Statutes in derogation of common law are not liberally construed or extended beyond their express language by logic or analogy; indeed, they are to be given a strict..., 283 Ark. 26, 669 S.W.2d 905 (1984). Statutes in derogation of the common law are not...— SPECIFIC STATUTORY AUTHORITY REQUIRED. — Attorney's fees are not recoverable as an element of damages except as specifically authorized by statute. 3. STATUTES — STRICT CONSTRUCTION GIVEN STATUTES...


Court: Court of Appeals of Arkansas En Banc
Date: Jun 26, 1991 Cited By: 3 Coram: 1
9

...of the legislature, and the rule that statutes in derogation of the common law are to be strictly construed shall not apply to the statutes of this state." The...battle of ideas" is over and the "time for law" has come. Holmes, supra. In enacting KRS Chapter 342 of the Kentucky Revised Statutes, the legislature set forth a.... LEIBSON, Justice. Tom Meadows was employed as a maintenance specialist at Firestone Textile Company in Bowling Green, Ky. He suffered a back injury and...


Court: Supreme Court of Kentucky.
Date: Apr 19, 1984 Cited By: 237 Coram: 2
10

...Madison v. Pierce, supra, and disposed of in the following language: Plaintiff's third argument is that the Workmen's Compensation Act, being in derogation of common law, should be strictly construed to permit plaintiff's suit in the instant case. We accept the rule that statutes eliminating...imperative element whereby, as it were, the imperative element is regarded as an intruder in the body of the law, is a doctrine of strict construction of statutes in derogation of the traditional...element. It is said commonly that three classes of statutes are to be construed strictly, namely: (1) penal statutes; (2) statutes in derogation of common right; and (3) statutes in derogation of the...


Court: Supreme Court of Mississippi.
Date: Nov 1, 1978 Cited By: 51 Coram: 1
11

..., Laws of Florida, codified as Section 768.28, Florida Statutes (1975), in order to authorize limited tort claims against the state. That statute is clearly in derogation of the common law principle of sovereign immunity and must, therefore, be strictly construed: Statutes in...(1975); Section 768.15, Florida Statutes (1969); Section 768.28, Florida Statutes (1975). In two of these enactments the Legislature specifically provided for modification of the venue rule: Section...principle is summarized in 30 Fla.Jur. Statutes 97: In making material changes in the language of a statute, the Legislature is presumed to have intended some...


Court: Supreme Court of Florida.
Date: Feb 22, 1978 Cited By: 212 Coram: 1
12

...subject to strict construction upon the principle that statutes in derogation of private rights should be strictly construed; Postemski v. Watrous, 151 Conn. 183, 187..., 195 A.2d 425; Torrington v. Messenger, 74 Conn. 321, 325, 50 A. 873; and upon the principle that "[s]tatutes in derogation of sovereignty should be strictly construed in favor of the state, so that its sovereignty may be upheld and not narrowed or destroyed. . . . Among the statutes in...derogation of sovereignty and subject to the rule requiring strict construction in favor of the state are those allowing suits against the state or its representative, creating a claim against the state or waiving its immunity from liability." 82 C.J.S. 936, Statutes, 391...


Court: Supreme Court of Connecticut
Date: Jun 10, 1975 Cited By: 166 Coram: 1
13

.... Dye, 16 C. C.A. 604. 1. Statutes in derogation of the common law and.... The dogma as to the strict construction of statutes in derogation of the common law only amounts to the recognition of a presumption against an intention to change existing law, and as...remarked, conceding that statutes in derogation of the common law are to be construed strictly, "they are also to be construed sensibly, and with a view to the object aimed at by the legislature...


Court: U.S. Supreme Court
Date: Dec 19, 1904 Cited By: 212 Coram: 1
14

...plaintiff; the defendant cannot be heard to say that he was prejudiced in any manner whatsoever. As an exception to the general rule requiring strict construction of statutes in derogation of the common law...temporarily on business. The issue presented is whether a hotel room where the defendant was staying at the time service was made is a usual place of abode as that term is used in General Statutes § 52-57.... ASPELL, J. The defendant, a former Connecticut resident now living in California, has moved to dismiss this action on the ground of insufficient service of process...


Court: Superior Court, Judicial District of Hartford-New Britain at Hartford
Date: May 22, 1980 Cited By: 62 Coram: 1
15

...). 2. STATUTES. Statutes in derogation of the common law are generally strictly construed. 3..., 165 So. 791, so that there is no common-law liability against the father; and if he is liable, it must be solely under the terms of the cited statute. Statutes in derogation of...individually personally responsible for his negligence in the operation of the motor vehicle, not merely during the year in which said original...


Court: Supreme Court of Mississippi, Division B.
Date: Oct 13, 1947 Cited By: 25 Coram: 1
16

...change the general maritime law so as to improve the lot of seamen. "The rule that statutes in derogation of the common law are to be strictly construed does not require such an adherence to the...Construction of Statutes (1940), 106. In harbors of the United States this...be allowed against his wages as are recognized in the statutes. Other claims against him may be valid but their collection must be sought through other means...


Court: U.S. Supreme Court
Date: Jun 9, 1952 Cited By: 228 Coram: 1
17

.... 2. STATUTES — In Derogation of Individual Rights — Strictly Construed. — Statutes in derogation of individual rights are to be strictly construed, and it will be presumed that a statute...Oregon 80, 113 P. 7, statutes in derogation of individual rights are to be strictly construed; it will be presumed that a statute is not 2, 3. intended to interfere with or prejudice...Presumptions Against Restrictions on Human Liberty — Or Claims for Special Privilege. — Statutes are to be construed as far as possible in favor of equality of rights, and all restrictions on...


Court: Court of Appeals of Indiana.
Date: Jul 27, 1932 Cited By: 4 Coram: 1
18

...property because of the negligent act of another has a right of action therefor at common law. 6. STATUTES — Construction — Common Law. All statutes in derogation of the...common law are to be construed strictly. 7. AUTOMOBILES — Guests — Statutes — Burden of Proof. Automobile guest statutes are in derogation of the common law and one who relies...person or property because of the negligent act of another has a right of action therefor at common law." 45 C.J., p. 1045, § 601. "All statutes in derogation of the common law or common rights are to...


Court: Supreme Court of Colorado. In Department.
Date: Oct 6, 1947 Cited By: 31 Coram: 1
19

...correct garage doors thus the defendant is not entitled to a mechanic's lien. Statutes in derogation of the common law are strictly construed. Here no proper labor or materials were furnished within the...meaning of Connecticut General Statutes § 49-34. A breach of contract action does not rise to the level of a mechanic's lien. Accordingly the mechanic's lien is discharged. So Ordered. KARAZIN, J. CT Page 15011 ...


Court: Connecticut Superior Court, Judicial District of Fairfield at Bridgeport
Date: Sep 29, 2004 Cited By: 0
20

...statutory construction that statutes in derogation of common law are to be strictly construed has no application in the case sub judice...parties in obtaining justice. The rule of the common law that statutes in derogation of the common law must be strictly construed has no application to remedial laws * * *." It is our...— Statutes to be liberally construed — Motion to dismiss — Complaint states cause of action, when — Defendant aided and abetted in wrongful act causing death of plaintiff's decedents...


Court: Court of Appeals of Ohio.
Date: Mar 31, 1988 Cited By: 8 Coram: 1

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