general common law rule (Massachusetts) · Go Syfert
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general common law rule in Massachusetts

9 Massachusetts opinions name it 4 courts 1932–2008 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 (7)

CaseFollowedCited
Bowen v. Hoxiegreen
mass · 1884 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See Bowen v. Hoxie, 137 Mass. 527, 528-529 (1884).

11
Gorey v. Guarentegreen
mass · 1939 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002The cases relied on by the administrative law judge do no more than affirm the general common-law rule that heirs are fixed as of the date of death, see National Shawmut Bank v. Joy, 315 Mass. 457, 467 (1944); Gorey v. Guarente, 303 Mass. 569, 576-577 (1939), and that children bom after death within the probable period of gestation may inherit as issue of the deceased parent in exception to the general mle.

11
National Shawmut Bank v. Joygreen
mass · 1944 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002The cases relied on by the administrative law judge do no more than affirm the general common-law rule that heirs are fixed as of the date of death, see National Shawmut Bank v. Joy, 315 Mass. 457, 467 (1944); Gorey v. Guarente, 303 Mass. 569, 576-577 (1939), and that children bom after death within the probable period of gestation may inherit as issue of the deceased parent in exception to the general mle.

11
O'MALLEY v. Putnam Safe Deposit Vaults, Inc.green
massappct · 1983 · cited in 1 Massachusetts opinions naming this issue, 1989–1989
1 sentence

1989Anything more than this would amount to an insurance of the goods.’ ” O’Malley v. Putnam, Safe Deposit Vaults, Inc., 17 Mass. App. Ct. 332, 340 (1983).“A pledgee is liable for the loss, destruction or depreciation of the property pledged through his negligence but in the absence of an express agreement to the contrary, he is not liable for damage arising without legal fault on his part.” C.

11
Ellis v. Sullivangreen
mass · 1922 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Ellis v. Sullivan, 241 Mass. 60, 64 (1922); Shapiro v. Bailen, 293 Mass. 121, 123-124 (1936).

11
Shapiro v. Bailengreen
mass · 1936 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Ellis v. Sullivan, 241 Mass. 60, 64 (1922); Shapiro v. Bailen, 293 Mass. 121, 123-124 (1936).

11
Boott Mills v. Boston & Maine Railroadgreen
· 1914 · cited in 1 Massachusetts opinions naming this issue, 1932–1932
1 sentence

1932In D’Almeida v. Boston & Maine Railroad, 209 Mass. 81, 87 , Mr. Justice Braley, after stating that the plaintiff administrator was entitled to. maintain an action against all who contributed to the injury and death of his intestate, added, “although . . . [the administrator] could have but one satisfaction in damages.” This statement is referred to in the opinion in Boott Mills v. Boston & Maine Railroad, 218 Mass. 582, 591, 592 , where the conclusion was reached that it was an unavoidable consequence, from the fact that damages in a death action are punitive and not compensatory, that one who

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 (7)

CaseCitedYears
Woodward v. Commissioner of Social Security green
mass · 2002
2 sentences

2008The posthumous children provision of the intestacy law, G.L.c. 190, §8, supersedes “the general common-law rule that heirs are fixed as of the date of death...” Woodward v. Commissioner of Soc., 435 Mass. 536 , 542 & n.10; id. at 547 n.16 (“The common-law rule that heirs are ascertained at the time of the decedent’s death has been superseded ...”).

2008The posthumous children provision of the intestacy law, G.L.c. 190, §8, supersedes “the general common-law rule that heirs are fixed as of the date of death...” Woodward v. Commissioner of Soc., 435 Mass. 536 , 542 & n.10; id. at 547 n.16 (“The common-law rule that heirs are ascertained at the time of the decedent’s death has been superseded ...”).

12008–2008
Belkus v. City of Brockton green
mass · 1933
1 sentence

1998Belkus v. Brockton, supra at 288 .

11998–1998
People v. Medcoff green
mich · 1955
2 sentences

1993Robichaud relied as much on the decision of that court in People v. Medcoff, 344 Mich. 108 (1955), as on the general common law rule that the defendant “has a right to be present when jurors are being examined as to their qualifications.” Robichaud, supra at 302 , citing Annot., 26 A.L.R.2d 762 , 766 (1952).

1993Robichaud relied as much on the decision of that court in People v. Medcoff, 344 Mich. 108 (1955), as on the general common law rule that the defendant "has a right to be present when jurors are being examined as to their qualifications." Robichaud, supra at 302 , citing Annot., 26 A.L.R.2d 762 , 766 (1952).

11993–1993
Commonwealth v. Robichaud green
mass · 1970
2 sentences

1993Robichaud relied as much on the decision of that court in People v. Medcoff, 344 Mich. 108 (1955), as on the general common law rule that the defendant “has a right to be present when jurors are being examined as to their qualifications.” Robichaud, supra at 302 , citing Annot., 26 A.L.R.2d 762 , 766 (1952).

1993Robichaud relied as much on the decision of that court in People v. Medcoff, 344 Mich. 108 (1955), as on the general common law rule that the defendant "has a right to be present when jurors are being examined as to their qualifications." Robichaud, supra at 302 , citing Annot., 26 A.L.R.2d 762 , 766 (1952).

11993–1993
In Re a Grand Jury Subpoena Served Upon Kinoy green
nysd · 1970
2 sentences

1983In Matter of a Grand Jury Subpoena Served Upon Kinoy, 326 F. Supp. 400 (S.D.N.Y. 1970), the family member about whom the grand jury sought information was not a target of the grand jury investigation, but was sought in connection with an investigation of another individual.

1983In Matter of a Grand Jury Subpoena Served Upon Kinoy, 326 F. Supp. 400 (S.D.N.Y. 1970), the family member about whom the grand jury sought information was not a target of the grand jury investigation, but was sought in connection with an investigation of another individual.

11983–1983
Coe v. Washington Mills neutral
mass · 1889
1 sentence

1973Coe v. Washington Mills, 149 Mass. 543, 548 .

11973–1973
d'Almeida v. Boston & Maine Railroad green
mass · 1911
1 sentence

1932In D’Almeida v. Boston & Maine Railroad, 209 Mass. 81, 87 , Mr. Justice Braley, after stating that the plaintiff administrator was entitled to. maintain an action against all who contributed to the injury and death of his intestate, added, “although . . . [the administrator] could have but one satisfaction in damages.” This statement is referred to in the opinion in Boott Mills v. Boston & Maine Railroad, 218 Mass. 582, 591, 592 , where the conclusion was reached that it was an unavoidable consequence, from the fact that damages in a death action are punitive and not compensatory, that one who

11932–1932

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 211, § 3 (3)

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.

Where else courts name it

CA 99 (1912–2026) TX 72 (1934–2025) NY 38 (1854–2026) NC 32 (1969–2021) TN 24 (1912–2025) WA 24 (1952–2025) CT 24 (1887–2025) IL 22 (1909–2019) MN 19 (1967–2026) MO 16 (1900–2023) UT 16 (1987–2020) IN 15 (1903–2015) NJ 14 (1965–2021) MI 13 (1965–2025) MD 12 (1988–2024) PA 12 (1947–2024) AZ 11 (1969–2023) OH 11 (1971–2018) FL 11 (1958–2021) OR 10 (1975–2019) AR 9 (1938–2015) MA 9 (1932–2008) WV 9 (1982–2022) WI 9 (1882–2004) GA 8 (1902–2020) AL 8 (1968–2018) NM 8 (1998–2023) IA 7 (1902–2012) DE 7 (1927–2019) OK 7 (1992–2014) MT 6 (1969–2024) NH 6 (1881–2018) AK 5 (1977–2022) KS 5 (1984–2021) CO 5 (1978–2019) VT 4 (1980–2021) MS 4 (1986–1999) SC 4 (1984–2023) VA 4 (1987–2018) HI 4 (1971–2017) ND 3 (1992–2015) RI 3 (1992–2004) ID 3 (1986–2012) ME 3 (2005–2017) LA 2 (1908–1975) NE 2 (1922–1956) WY 2 (2004–2015) KY 2 (1929–1959)

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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