Legal Opinion

In Re Kubiniec

District Court, W.D. New York

Decided September 21, 1932No. 18823PublishedCited by 12 opinions

1Opinion of the Court

KNIGHT, District Judge.

“Willful negligence” has been defined as that degree of neglect arising where there is a reckless indifference to the safety of human life, or an intentional failure to perform a manifest duty to the public, in the performance of which the public and the party injured had an interest. “To constitute a willful injury, the act which produced it must have been intentional, or must have been done under such circumstances as to evince a reck.less disregard for the safety of others, and a willingness to-inflict the injury complained of.” 40 Cyc. 948, quoted in Re Cunningham…

2Cases cited9 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. McIntyre v. KavanaughSupreme Court of the United States · 1916
  3. In re CoteSupreme Court of Vermont · 1918
  4. In re PhillipsDistrict Court, S.D. Ohio · 1924
  5. In re WilsonDistrict Court, D. Maryland · 1920

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Rosen v. ShingleurLouisiana Court of Appeal · 1950
  2. Fleshman v. TrolingerCourt of Appeals of Tennessee · 1934
  3. In Re TilleryDistrict Court, N.D. Georgia · 1936
  4. Zdarzynski v. WegnerCourt of Appeals for the Seventh Circuit · 1937
  5. Campbell v. NorgartNorth Dakota Supreme Court · 1944

7 more not listed; retrieve them via the Exa API.

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