13 Massachusetts opinions name it 4 courts 1878–2003 0 in the last five years
The cases below were cited by Massachusetts 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 |
|---|---|---|
Doe v. Senechalgreen2 sentences2003Doe, supra, 431 Mass, at 84. 1 4.Application of Rule 35’s Two-part Test The first prong of the test is satisfied in this case because the plaintiffs physical condition, including whether she has a permanent disability and suffers from chronic pain syndrome, relates directly to the proof her claim. 2003See Doe, supra, 431 Mass, at 82. | 1 | 1 |
Schlagenhauf v. Holdergreen1 sentence2000See id. at 118-119 (matter is “in controversy” if it relates directly to the proof or defense of the underlying cause of action). | 1 | 1 |
Smith v. Hillgreen1 sentence1997Smith v. Hill, 232 Mass. 188, 191 (1918), aff'd, 260 U.S. 592 (1919). | 1 | 1 |
Commonwealth v. Garciagreen1 sentence1981In particular, the defendant asserts that the malice instructions created a mandatory presumption in favor of the Commonwealth, thereby shifting the burden of proof on that issue to him, see Commonwealth v. Pisa, ante 362, 363-364 (1981), and cases cited, and that the use of personal decision-making examples in instructing the jurors on rea *370 sonable doubt trivialized the standard of proof requirement, Commonwealth v. Garcia, 379 Mass. 422, 438-442 (1980); Commonwealth v. Ferreira, 373 Mass. 116 (1977). | 1 | 1 |
Commonwealth v. Chalifouxgreen1 sentence1980Commonwealth v. Chali-foux, 362 Mass. 811, 816 (1973), holding thát apprehension goes to the proof of a violation of G. | 1 | 1 |
In Re WINSHIPgreen1 sentence1975Id. at 365-366, 368 . | 1 | 1 |
Commissioner of Insurance v. Bristol Mutual Liability Insurancegreen1 sentence1967(See Commissioner v. Bristol Mutual Liability Insurance Company, 279 Mass. 325, 329, 330 .) The word “maintain” is not specially defined in the Code. | 1 | 1 |
Latorre's Casegreen1 sentence1943See Latorre’s Case, 302 Mass. 24, 28 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hill v. Smith
green
1 sentence1997Smith v. Hill, 232 Mass. 188, 191 (1918), aff'd, 260 U.S. 592 (1919). | 1 | 1997–1997 |
Sandstrom v. Montana
green
1 sentence1981The defendant asserts that the language in the charge similar to the language found to be violative of due process in Sandstrom v. Montana, 442 U.S. 510 (1979), created a presumption of malice and thereby constitutes reversible error in his case. | 1 | 1981–1981 |
Commonwealth v. Ferreira
green
1 sentence1981In particular, the defendant asserts that the malice instructions created a mandatory presumption in favor of the Commonwealth, thereby shifting the burden of proof on that issue to him, see Commonwealth v. Pisa, ante 362, 363-364 (1981), and cases cited, and that the use of personal decision-making examples in instructing the jurors on rea *370 sonable doubt trivialized the standard of proof requirement, Commonwealth v. Garcia, 379 Mass. 422, 438-442 (1980); Commonwealth v. Ferreira, 373 Mass. 116 (1977). | 1 | 1981–1981 |
Buono v. Nardella
green
1 sentence1967The defendant does not dispute that she would be liable on her check, (see Buono v. Nardella, 344 Mass. 257, 259 ; Uniform Commercial Code, (G.L. c. 106), § 3-104,303(b), 408), were it not for the fact that plaintiff filed a proof of claim in the bankruptcy case against Brattle Market Inc. for the obligation underlying said check. | 1 | 1967–1967 |
Jackson & Co. v. Great American Indemnity Co.
green
1 sentence1951Jackson & Co. (Inc.) v. Great American Indemnity Co. 282 Mass. 337, 342 . | 1 | 1951–1951 |
Gardner v. Bean
green
1 sentence1947Gardner v. Bean, 124 Mass. 347 . | 1 | 1947–1947 |
Newcomb v. Boston Protective Department
green
1 sentence1943Newcomb v. Boston Protective Department, 146 Mass. 596, 600 . | 1 | 1943–1943 |
Conningford v. Cote
green
1 sentence1943“The proof of the violation, where not specifically pleaded would not be conclusive as matter of law against the right of the plaintiff to recover, nevertheless under the de fense of contributory negligence it would be evidence of negligence for the consideration of the jury,” Conningford v. Cote, 308 Mass. 472, 474 , and the Court could find as a fact that the plaintiff’s conduct was consistent with reasonable care and therefore not negligent. | 1 | 1943–1943 |
Moors v. Reading
green
1 sentence1904It was agreed at the hearing that the report of the case of Moors v. Reading, 167 Mass. 322 , and the report of the case of Drury v. Moors, 171 Mass. 252 , might be referred to, and the facts therein stated be admitted as evidence of the facts in this case so far as they have any bearing on the issues herein. | 1 | 1904–1904 |
Drury v. Moors
neutral
1 sentence1904It was agreed at the hearing that the report of the case of Moors v. Reading, 167 Mass. 322 , and the report of the case of Drury v. Moors, 171 Mass. 252 , might be referred to, and the facts therein stated be admitted as evidence of the facts in this case so far as they have any bearing on the issues herein. | 1 | 1904–1904 |
Elliott v. Hayden
green
1 sentence1878Elliott v. Hayden, 104 Mass. 180 . | 1 | 1878–1878 |
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.