10 Massachusetts opinions name it 3 courts 1919–1990 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 |
|---|---|---|
Zarba v. Lanegreen2 sentences1990See Zarba v. Lane, 322 Mass. 132, 135 (1947). 1980See, e.g., Zarba v. Lane, supra. As neither party has briefed that issue, we do not decide it. | 2 | 2 |
Frassa v. Caulfieldgreen1 sentence1990See Saharceski v. Marcure, 373 Mass. 304 , 307 & n. 1 & 3 (1977); Mendes v. Tin Kee Ng, 400 Mass. 131, 134 (1987); Frassa v. Caulfield, 22 Mass. App. Ct. 105, 108-110 (1986). | 1 | 1 |
Saharceski v. Marcuregreen1 sentence1990See Saharceski v. Marcure, 373 Mass. 304 , 307 & n. 1 & 3 (1977); Mendes v. Tin Kee Ng, 400 Mass. 131, 134 (1987); Frassa v. Caulfield, 22 Mass. App. Ct. 105, 108-110 (1986). | 1 | 1 |
Mendes v. Tin Kee Nggreen1 sentence1990See Saharceski v. Marcure, 373 Mass. 304 , 307 & n. 1 & 3 (1977); Mendes v. Tin Kee Ng, 400 Mass. 131, 134 (1987); Frassa v. Caulfield, 22 Mass. App. Ct. 105, 108-110 (1986). | 1 | 1 |
Rogers v. Ludlow Manufacturing Co.green1 sentence1937Co. 144 Mass. 198, 204, 205 ; Moynihan v. Hills Co. 146 Mass. 586, 592 ; Cronan v. Armitage, 285 Mass. 520, 525 ), has no application to an injury to the very employee who has undertaken to perform that duty for the employer. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Opinion of the Justices to the Senate
green
2 sentences1937It is unlikely that the Legislature, which, before passing the act, had been informed in Opinion of the Justices, 209 Mass. 607, 610 , of its power to change or to do away with the rules of law relating to the effect of negligence of a fellow servant as a defence, intended to keep for the protection of noninsuring employers any fragment of the fellow servant rule. 1931It was said touching this subject in Opinion of the Justices, 209 Mass. 607 , at page 610: “The rules of law relating to contributory negligence and assumption of the risk and the effect of negligence by a fellow servant were established by the courts, not by the Constitution, and the Legislature may change them or do away with them altogether as defences (as it has to some extent in the employers’ liability act) as in its wisdom in the exercise of powers entrusted to it by the Constitution it deems will be best for the 'good .and welfare of this Commonwealth.’ Const. Mass. c. 1, § 1, art. 4. | 2 | 1931–1937 |
Hanscom v. Malden & Melrose Gas Light Co.
green
1 sentence1948Hanscom v. Malden & Melrose Gas Light Co. 220 Mass. 1, 3 . | 1 | 1948–1948 |
Towne v. Waltham Watch Co.
green
1 sentence1938Towne v. Waltham Watch Co., 247 Mass. 390 , cited by the defendant, merely illustrates the old fellow-servant rule. | 1 | 1938–1938 |
Moynihan v. Hills Co.
green
1 sentence1937Co. 144 Mass. 198, 204, 205 ; Moynihan v. Hills Co. 146 Mass. 586, 592 ; Cronan v. Armitage, 285 Mass. 520, 525 ), has no application to an injury to the very employee who has undertaken to perform that duty for the employer. | 1 | 1937–1937 |
Ryalls v. Mechanics' Mills
green
1 sentence1937Ryalls v. Mechanics’ Mills, 150 Mass. 190 . | 1 | 1937–1937 |
Cronan v. Armitage
green
1 sentence1937Co. 144 Mass. 198, 204, 205 ; Moynihan v. Hills Co. 146 Mass. 586, 592 ; Cronan v. Armitage, 285 Mass. 520, 525 ), has no application to an injury to the very employee who has undertaken to perform that duty for the employer. | 1 | 1937–1937 |
O'Maley v. South Boston Gas Light Co.
green
1 sentence1936O’Maley v. South Boston Gas Light Co. 158 Mass. 135 . | 1 | 1936–1936 |
Lyons v. Sommer
neutral
1 sentence1933So far as the plaintiff’s case rests upon the negligence of a fellow servant, it is settled that there is no contractual assumption of risk of such negligence where as in this case the fellow servant rule does not apply (Baldwin v. Sommer, 278 Mass. 346, 349 , Lyons v. Sommer, 274 Mass. 234 ), whatever may be the theory underlying the fellow servant rule. | 1 | 1933–1933 |
Baldwin v. Sommer
neutral
1 sentence1933So far as the plaintiff’s case rests upon the negligence of a fellow servant, it is settled that there is no contractual assumption of risk of such negligence where as in this case the fellow servant rule does not apply (Baldwin v. Sommer, 278 Mass. 346, 349 , Lyons v. Sommer, 274 Mass. 234 ), whatever may be the theory underlying the fellow servant rule. | 1 | 1933–1933 |
Perry v. Webster Co.
neutral
1 sentence1919Perry v. Webster Co. 216 Mass. 147 . | 1 | 1919–1919 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.