case is within principle (Massachusetts) · Go Syfert
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case is within principle in Massachusetts

9 Massachusetts opinions name it 2 courts 1836–1972 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.

Followed or applied (2)

CaseFollowedCited
Carter v. Yardley & Co.green
mass · 1946 · cited in 1 Massachusetts opinions naming this issue, 1966–1966
1 sentence

1966An expert witness testified that the “air wire unit” within the gasoline tank attached to the stove had been defective, permitting the discharge of an excessive amount of fuel when the valve was manipulated according to the instructions accompanying the stove and that this defect could have caused the “explosion.” The case is within the doctrine of Carter v. Yardley & Co. Ltd. 319 Mass. 92, 98, 103 , and cases cited.

11
General Investment Co. v. New York Central Railroadgreen
scotus · 1926 · cited in 1 Massachusetts opinions naming this issue, 1942–1942
1 sentence

1942Ed.] c. 201, § 1; c.215, §3), we are of opinion that the case is within the rule stated in the Jones- case, General Investment Co. v. New York Central Railroad, 271 U. S. 228, 230, 231 , and that it is distinguishable from the Jochumsen case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Kahler v. Town of Marshfield green
mass · 1964
1 sentence

1972By requests for rulings the petitioner presented to the judge the sole question before us on this appeal, whether this case is within the rule of Kahler v. Marshfield, 347 Mass. 514, 517 .

11972–1972
Banionis v. Lake green
mass · 1935
1 sentence

1941Lake, 289 Mass. 146, 148 .

11941–1941
Pigeon v. Massachusetts Northeastern Street Railway Co. green
mass · 1918
1 sentence

1930In the circumstances attending the collision, the defendant contends that when the plaintiff looked to his left the trolley car must have been in plain sight and near at hand and that therefore the case is within the rule of Pigeon v. Massachusetts Northeastern Street Railway, 230 Mass. 392 , and kindred cases, cited in its brief, and that the plaintiff was careless as matter of law.

11930–1930
Sundine's Case green
· 1914
1 sentence

1921The case is within the principle of Sundine’s Case, 218 Mass. 1 , O’Brien's Case, 228 Mass. 380 , O’Toole’s Case, 229 Mass. 165, 167 , and Hallett’s Case, 232 Mass, 49.

11921–1921
O'Brien's Case neutral
mass · 1917
1 sentence

1921The case is within the principle of Sundine’s Case, 218 Mass. 1 , O’Brien's Case, 228 Mass. 380 , O’Toole’s Case, 229 Mass. 165, 167 , and Hallett’s Case, 232 Mass, 49.

11921–1921
O'Toole's Case green
mass · 1918
1 sentence

1921The case is within the principle of Sundine’s Case, 218 Mass. 1 , O’Brien's Case, 228 Mass. 380 , O’Toole’s Case, 229 Mass. 165, 167 , and Hallett’s Case, 232 Mass, 49.

11921–1921
Anjou v. Boston Elevated Railway Co. green
mass · 1911
1 sentence

1916The case is within the principle illustrated in Anjou v. Boston Elevated Railway, 208 Mass. 273 .

11916–1916
Model Lodging House Ass'n v. City of Boston green
· 1873
1 sentence

1911The case is within the principle of Butler v. Ives, 139 Mass. 202 , Atlantia National Bank v. Tavener, 130 Mass. 407 , Holmes v. Winchester, 133 Mass. 140 , Model Lodging House Association v. Boston, 114 Mass. 133 , and Degnan v. Farr, 126 Mass. 297 .

11911–1911
Degnan v. Farr green
mass · 1879
1 sentence

1911The case is within the principle of Butler v. Ives, 139 Mass. 202 , Atlantia National Bank v. Tavener, 130 Mass. 407 , Holmes v. Winchester, 133 Mass. 140 , Model Lodging House Association v. Boston, 114 Mass. 133 , and Degnan v. Farr, 126 Mass. 297 .

11911–1911
Atlantic National Bank v. Tavener green
mass · 1881
1 sentence

1911The case is within the principle of Butler v. Ives, 139 Mass. 202 , Atlantia National Bank v. Tavener, 130 Mass. 407 , Holmes v. Winchester, 133 Mass. 140 , Model Lodging House Association v. Boston, 114 Mass. 133 , and Degnan v. Farr, 126 Mass. 297 .

11911–1911
Holmes v. Winchester neutral
mass · 1882
1 sentence

1911The case is within the principle of Butler v. Ives, 139 Mass. 202 , Atlantia National Bank v. Tavener, 130 Mass. 407 , Holmes v. Winchester, 133 Mass. 140 , Model Lodging House Association v. Boston, 114 Mass. 133 , and Degnan v. Farr, 126 Mass. 297 .

11911–1911
Butler v. Ives neutral
mass · 1885
1 sentence

1911The case is within the principle of Butler v. Ives, 139 Mass. 202 , Atlantia National Bank v. Tavener, 130 Mass. 407 , Holmes v. Winchester, 133 Mass. 140 , Model Lodging House Association v. Boston, 114 Mass. 133 , and Degnan v. Farr, 126 Mass. 297 .

11911–1911
Commonwealth v. Holloway neutral
pa · 1816
1 sentence

1836The same principle was substantially decided by the state court in the same State in the case of Commonwealth v. Holloway, 2 Serg. & Rawle, 305 .

11836–1836

Where else courts name it

MI 50 (1871–1976) NY 44 (1824–1932) IA 25 (1859–1968) PA 25 (1863–2008) CA 23 (1859–2004) GA 12 (1877–2021) NE 12 (1887–1920) IN 11 (1851–1983) MN 10 (1888–1943) TX 9 (1859–2015) KS 9 (1897–1934) MA 9 (1836–1972) VA 8 (1890–1984) WI 7 (1878–1987) LA 6 (1915–1949) MO 5 (1877–1982) IL 5 (1867–1892) AL 5 (1926–1952) FL 4 (1923–1983) OK 4 (1880–1924) NC 4 (1843–1970) CO 3 (1873–1961) UT 3 (1928–1943) MT 3 (1913–1979) MS 3 (1871–1895) NJ 2 (1911–1926) OR 2 (1892–1933) WV 2 (1903–1968) MD 2 (1852–1858) ID 2 (1931–1941) NH 2 (1844–1891) KY 2 (1859–1956) WA 2 (1905–1913)

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.

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