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9 Massachusetts opinions name it 4 courts 1915–2022 1 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 |
|---|---|---|
Swampscott Education Ass'n v. Town of Swampscottgreen1 sentence2022Ass'n v. Swampscott, 391 Mass. 864, 865-866 (1984); Creatini v. McHugh, 99 Mass. App. Ct. 126 , 128 (2021). [Note 10] Even had the landlord made such a belated request, the judge would have been under no obligation to allow it. [Note 11] On appeal, the landlord does not challenge the denial of its discovery motion, and it concedes that a demand letter is not a prerequisite to recovery here. | 1 | 1 |
United Co. v. Meehangreen1 sentence2011L. c. 239 is an action to recover possession.” United Co. v. Meehan, 47 Mass. App. Ct. 315, 319 (1999). | 1 | 1 |
Rita v. Carellagreen1 sentence1994See Rita v. Carella, 394 Mass. 822 (1985); McGrath v. Mishara, 386 Mass. 74 (1982). | 1 | 1 |
Wallace v. Boston Rent Boardgreen1 sentence1986The burden of proof is on the landlord, Wallace v. Boston Rent Board, 12 Mass. App. Ct. 13, 15-16 (1981) and it is the Board’s perogative to assess credibility and find the facts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Doe v. New Bedford Housing Authority
green
1 sentence1997Auth., 417 Mass. 273, 287 (1994), we vacated the summary judgment entered for the landlord on a claim of violation of G. | 1 | 1997–1997 |
McGrath v. Mishara
green
1 sentence1994See Rita v. Carella, 394 Mass. 822 (1985); McGrath v. Mishara, 386 Mass. 74 (1982). | 1 | 1994–1994 |
Darmetko v. Boston Housing Authority
green
1 sentence1982Further, such an award would be inconsistent with the purpose we attributed to § 14’s triple rent clause in Darmetko, supra. We held in Darmetko that a tenant could not recover three months’ rent for each month during which the landlord permitted a violation to continue. | 1 | 1982–1982 |
Watriss v. First National Bank of Cambridge
neutral
1 sentence1937The defendant contends that when MacKenzie vacated the premises the clock which he left became part of the real estate and belonged to the landlord under the rule of Watriss v. First National Bank of Cambridge, 124 Mass. 571 . | 1 | 1937–1937 |
Whipple v. Robbins
green
1 sentence1935Whipple v. Robbins, 97 Mass. 107, 109 . | 1 | 1935–1935 |
Gill v. Middleton
green
1 sentence1915There was evidence that there was negligence in making the repairs which the defendant’s agent undertook to make, and the plaintiff seeks to recover from the landlord under the doctrine of Gill v. Middleton, 105 Mass. 477 . | 1 | 1915–1915 |
McLean v. Fiske Wharf & Warehouse Co.
green
1 sentence1915The defendant in effect has contended that the decision in Gill v. Middleton is in conflict with the subsequent cases of McLean v. Fiske Wharf & Warehouse Co. 158 Mass. 472 , Kearines v. Cullen, 183 Mass. 298 , Galvin v. Beals, 187 Mass. 250 , Phelan v. Fitzpatrick, 188 Mass. 237 , Dalton v. Gibson, 192 Mass. 1 , Rolfe v. Tufts, 216 Mass. 563 , and is no longer law. | 1 | 1915–1915 |
Kearines v. Cullen
green
1 sentence1915The defendant in effect has contended that the decision in Gill v. Middleton is in conflict with the subsequent cases of McLean v. Fiske Wharf & Warehouse Co. 158 Mass. 472 , Kearines v. Cullen, 183 Mass. 298 , Galvin v. Beals, 187 Mass. 250 , Phelan v. Fitzpatrick, 188 Mass. 237 , Dalton v. Gibson, 192 Mass. 1 , Rolfe v. Tufts, 216 Mass. 563 , and is no longer law. | 1 | 1915–1915 |
Phelan v. Fitzpatrick
green
1 sentence1915The defendant in effect has contended that the decision in Gill v. Middleton is in conflict with the subsequent cases of McLean v. Fiske Wharf & Warehouse Co. 158 Mass. 472 , Kearines v. Cullen, 183 Mass. 298 , Galvin v. Beals, 187 Mass. 250 , Phelan v. Fitzpatrick, 188 Mass. 237 , Dalton v. Gibson, 192 Mass. 1 , Rolfe v. Tufts, 216 Mass. 563 , and is no longer law. | 1 | 1915–1915 |
Galvin v. Beals
green
1 sentence1915The defendant in effect has contended that the decision in Gill v. Middleton is in conflict with the subsequent cases of McLean v. Fiske Wharf & Warehouse Co. 158 Mass. 472 , Kearines v. Cullen, 183 Mass. 298 , Galvin v. Beals, 187 Mass. 250 , Phelan v. Fitzpatrick, 188 Mass. 237 , Dalton v. Gibson, 192 Mass. 1 , Rolfe v. Tufts, 216 Mass. 563 , and is no longer law. | 1 | 1915–1915 |
Dalton v. Gibson
green
1 sentence1915The defendant in effect has contended that the decision in Gill v. Middleton is in conflict with the subsequent cases of McLean v. Fiske Wharf & Warehouse Co. 158 Mass. 472 , Kearines v. Cullen, 183 Mass. 298 , Galvin v. Beals, 187 Mass. 250 , Phelan v. Fitzpatrick, 188 Mass. 237 , Dalton v. Gibson, 192 Mass. 1 , Rolfe v. Tufts, 216 Mass. 563 , and is no longer law. | 1 | 1915–1915 |
Rolfe v. Tufts
green
1 sentence1915The defendant in effect has contended that the decision in Gill v. Middleton is in conflict with the subsequent cases of McLean v. Fiske Wharf & Warehouse Co. 158 Mass. 472 , Kearines v. Cullen, 183 Mass. 298 , Galvin v. Beals, 187 Mass. 250 , Phelan v. Fitzpatrick, 188 Mass. 237 , Dalton v. Gibson, 192 Mass. 1 , Rolfe v. Tufts, 216 Mass. 563 , and is no longer law. | 1 | 1915–1915 |
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.