8 Rhode Island opinions name it 2 courts 1889–2014 0 in the last five years
The cases below were cited by Rhode Island 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 |
|---|---|---|
State v. Vargasgreen1 sentence2014We review “issues pertaining to jury instructions * * * de novo.” Id. (quoting State v. Vargas, 991 A.2d 1056, 1060 (R.I.2010)). | 1 | 1 |
Paul Oden v. Carl Schwartz, M.D.green2 sentences2014Rather, the jury was given a simple instruction by the trial justice. 8 “Although a trial justice’s instructions are not ‘evidence,’ we review [his] instruction on insurance under Rule 411 to determine whether it violated the spirit of the rule.” Oden v. Schwartz, 71 A.3d 438, 454 (R.I.2013). 2014We review “issues pertaining to jury instructions * * * de novo.” Id. (quoting State v. Vargas, 991 A.2d 1056, 1060 (R.I.2010)). | 1 | 1 |
Pickering v. American Employers Insurancegreen2 sentences1980Indeed, in the case of Pickering v. American Employers Insurance Co., 109 R.I. 143, 152 , 282 A.2d 584, 590 (1971), we observed that in § 27-7-2.1, “[t]he Legislature fixes a minimum, rather than a maximum, standard of protection. 1980Indeed, in the case of Pickering v. American Employers Insurance Co., 109 R.I. 143, 152 , 282 A.2d 584, 590 (1971), we observed that in § 27-7-2.1, “[t]he Legislature fixes a minimum, rather than a maximum, standard of protection. | 1 | 1 |
Daland v. Williamsgreen1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1 |
Brownell v. Anthonygreen1 sentence1918See Brownell v. Anthony, 189 Mass. 442 , in support of the same principle. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Minot v. Paine
green
2 sentences1919The rule was first stated as follows: “A simple rule is to regard cash dividends, however large, as income and stock dividends, however made, as capital.” Minot v. Paine, 99 Mass. 101, 108 . 1918Thus the case of Minot v. Paine, 99 Mass. 101 is cited to illustrate and set forth what is known as the Massachusetts Rule that stock-dividends, although they represent net earnings of the corporation expended upon the plant, shall belong to the corpus or capital of the trust fund and not be regarded as income for the life beneficiary; and where it is said on page 108: “A simple rule is, to regard cash dividends, however large, as income, and stock dividends, howi *196 ever made, as capital.” And the brief for the remainderman also cites a number of later Massachusetts cases showing how this “ | 2 | 1918–1919 |
Taffinder v. Thomas
green
2 sentences2010Thus, while Mr. DeHertogh's use of the land in dispute was certainly open, this Court cannot characterize Mr. DeHertogh's possession as notorious in nature. 2 Hostile "Hostility does not connote a communicated emotion, but rather, action inconsistent with the claims of others." Taffinder , 119 R.I. at 552 , 381 A.2d at 523 . "[T]o constitute a hostile use, the adverse possessor need only establish a use `inconsistent with the right of the owner, without permission asked or given.'" Tavares , 814 A.2d at 351 (quoting 16 Powell on Real Property , § 91.05[1] at 91-23 (2000)). 6 Here, there exist 2010Thus, while Mr. DeHertogh's use of the land in dispute was certainly open, this Court cannot characterize Mr. DeHertogh's possession as notorious in nature. 2 Hostile "Hostility does not connote a communicated emotion, but rather, action inconsistent with the claims of others." Taffinder , 119 R.I. at 552 , 381 A.2d at 523 . "[T]o constitute a hostile use, the adverse possessor need only establish a use `inconsistent with the right of the owner, without permission asked or given.'" Tavares , 814 A.2d at 351 (quoting 16 Powell on Real Property , § 91.05[1] at 91-23 (2000)). 6 Here, there exist | 1 | 2010–2010 |
Tavares v. Beck
green
1 sentence2010Thus, while Mr. DeHertogh's use of the land in dispute was certainly open, this Court cannot characterize Mr. DeHertogh's possession as notorious in nature. 2 Hostile "Hostility does not connote a communicated emotion, but rather, action inconsistent with the claims of others." Taffinder , 119 R.I. at 552 , 381 A.2d at 523 . "[T]o constitute a hostile use, the adverse possessor need only establish a use `inconsistent with the right of the owner, without permission asked or given.'" Tavares , 814 A.2d at 351 (quoting 16 Powell on Real Property , § 91.05[1] at 91-23 (2000)). 6 Here, there exist | 1 | 2010–2010 |
Planned Parenthood of Southeastern Pa. v. Casey
red
2 sentences1994That does not mean we are free to invalidate state policy choices with which we disagree; yet neither does it permit us to shrink from the duties of our office. 505 U.S. at ___ , 112 S.Ct. at 2806 , 120 L.Ed.2d at 697 . 1994That does not mean we are free to invalidate state policy choices with which we disagree; yet neither does it permit us to shrink from the duties of our office. 505 U.S. at ___ , 112 S.Ct. at 2806 , 120 L.Ed.2d at 697 . | 1 | 1994–1994 |
State v. Rose
green
2 sentences1974State v. Rose, 112 R.I. 402 , 311 A.2d 281 (1973). 1974State v. Rose, 112 R.I. 402 , 311 A.2d 281 (1973). | 1 | 1974–1974 |
Heard v. Eldredge
green
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
Leland v. Hayden
green
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
Rand v. Hubbell
green
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
Davis v. Jackson
green
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
D'Ooge v. Leeds
green
1 sentence1918Thus the case of Minot v. Paine, 99 Mass. 101 is cited to illustrate and set forth what is known as the Massachusetts Rule that stock-dividends, although they represent net earnings of the corporation expended upon the plant, shall belong to the corpus or capital of the trust fund and not be regarded as income for the life beneficiary; and where it is said on page 108: “A simple rule is, to regard cash dividends, however large, as income, and stock dividends, howi *196 ever made, as capital.” And the brief for the remainderman also cites a number of later Massachusetts cases showing how this “ | 1 | 1918–1918 |
Hemenway v. Hemenway
green
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
Lyman v. Pratt
green
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
Hyde v. Holmes
neutral
1 sentence1918See also Daland v. Williams, 101 Mass. 571 ; Leland v Hayden, 102 Mass. 542, 551 ; Lyman v Pratt, 183 Mass. 58, 60 ; Heard v. Eldredge, 109 Mass. 258 ; Rand v. Hubbell, 115 Mass. 461 ; Davis v. Jackson, 152 Mass. 58 ; Hemenway v. Hemenway, 181 Mass. 406, 508 ; Hyde v. Holmes, 198 Mass. 287 . | 1 | 1918–1918 |
Sandford v. Nichols
green
1 sentence1889See, by way of illustration, Commonwealth v. Dana, 2 Metc. 329 , 336; Sandford v. Nichols et als. 13 Mass. 286 ; Allen v. Staples, 6 Gray, 491 ; State v. Miller, 48 Me. 576 ; Reed v. Rice, 2 J. | 1 | 1889–1889 |
State v. Miller
green
1 sentence1889See, by way of illustration, Commonwealth v. Dana, 2 Metc. 329 , 336; Sandford v. Nichols et als. 13 Mass. 286 ; Allen v. Staples, 6 Gray, 491 ; State v. Miller, 48 Me. 576 ; Reed v. Rice, 2 J. | 1 | 1889–1889 |
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.