Commonwealth v. Malone, 384 N.E.2d 624 (Mass. 1978). · Go Syfert
Commonwealth v. Malone, 384 N.E.2d 624 (Mass. 1978). Cases Citing This Book View Copy Cite
29 citation events (5 in the last 25 years) across 6 distinct courts.
Strongest positive: Shantigar Foundation v. Bear Mountain Builders (mass, 2004-03-05)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
examined Cited as authority (rule) Shantigar Foundation v. Bear Mountain Builders (3×) also: Cited "see"
Mass. · 2004 · confidence medium
Rather, the issue in that case was whether “the negligence of the plaintiff should be compared with that of each individual defendant [who participated in the trial,] rather than making a comparison between the negligence of the plaintiff and the negligence of all defendants [at trial] combined.” Graci v. Damon, 376 Mass. 931, 931 (1978).
cited Cited "see" Schwartz v. Schultz
Mass. App. Ct. · 1988 · signal: see · confidence high
See Grad v. Damon, 6 Mass. App. Ct. 160, 166 , S.C., 376 Mass. 931 (1978).
cited Cited "see" Riley v. DAVISON CONSTRUCTION CO., INC.
Mass. · 1980 · signal: see · confidence high
See Graci v. Damon, 6 Mass. App. Ct. 160, 169-170 , aff’d, 376 Mass. 931 (1978) (abolition of assumption of the risk is a substantive change in the law).
cited Cited "see" Commonwealth v. Walden
Mass. · 1980 · signal: see · confidence high
See Commonwealth v. Malone, 376 Mass. 931 (1978).
cited Cited "see" Commonwealth v. Donahue
Mass. App. Ct. · 1979 · signal: see · confidence high
See Graci v. Damon, ante 160, 166 (1978), affid on another ground, 376 Mass. 931 (1978).
cited Cited "see, e.g." Saunders v. Goodman
Mass. App. Ct. · 1979 · signal: compare · confidence low
Compare Graci v. Damon, 6 Mass. App. Ct. 160,164-165 (1978), S.C., 376 Mass. 931 (1978).
Retrieving the full opinion text from the archive…
Commonwealth
v.
Brenda Malone
Massachusetts Supreme Judicial Court.
Dec 29, 1978.
384 N.E.2d 624
Priscilla Labovitz (Philip Weinberg with her) for the defendant., Stephen M. Needle, Assistant District Attorney, for the Commonwealth.
Cited by 6 opinions  |  Published

As in Commonwealth v. Vitello, ante 426 (1978), the defendant in this case excepted to- the admission of polygraph evidence as part of the Commonwealth’s case in chief. As in that case, therefore, we order a new trial. As an afterthought, the Commonwealth contends that the ViieZ-Zo decision should be limited to prospective application, but we impose no such limitation. Also as an afterthought, the Commonwealth contends that the error was harmless, but we are not convinced beyond a reasonable doubt.

Judgments of the Superior Court Department reversed.

Verdicts set aside.