Krentz v. Consolidated Rail Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that arguments not raised before the trial court cannot be raised for the first time on appeal
• noting that, despite the occupied-crossing rule, ―the law does impose a duty on railroads to warn of approaching trains‖
• stating that “„the enactment of the Comparative Negligence Act does not change the well established rule that negligence cannot be found where the 8 law does not impose a duty‟”
• stating that “ ‘the enactment of the Comparative Negligence Act does not change the well established rule that negligence cannot be found where the law does not impose a duty’ ”
• finding the plaintiffs’ argument waived where they failed to present it to the trial court in their brief in opposition to the defendant’s summary judgment motion
• ”[D]uty is a question of whether any liability may attach to the defendant for the plaintiff's harm.”

Source: CourtListener parenthetical corpus (CC0).