Massachusetts rule in North Dakota

6 North Dakota opinions name it 1 courts 1895–2012 0 in the last five years

The cases below were cited by North Dakota 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 (6)

Case	Followed	Cited
Michalson v. Nuttinggreen mass · 1931 · cited in 2 North Dakota opinions naming this issue, 2012–2012 2 sentences 2012Although this Court has not previously had an opportunity to address this issue, there is a well-developed body of law in other jurisdictions, with courts generally split among four different approaches to the problem. [¶ 9] Under the “Massachusetts rule,” first announced in Michalson v. Nutting, 275 Mass. 232 , 175 N.E. 490 (1931), a landowner has no liability to neighboring landowners for damages caused by en croachment of branches or roots from his trees, and the neighboring landowner’s sole remedy is self-help: The injured neighbor may cut the intruding branches or roots back to the proper 2012Although this Court has not previously had an opportunity to address this issue, there is a well-developed body of law in other jurisdictions, with courts generally split among four different approaches to the problem. [¶ 9] Under the “Massachusetts rule,” first announced in Michalson v. Nutting, 275 Mass. 232 , 175 N.E. 490 (1931), a landowner has no liability to neighboring landowners for damages caused by en croachment of branches or roots from his trees, and the neighboring landowner’s sole remedy is self-help: The injured neighbor may cut the intruding branches or roots back to the proper	2	2
Ludwig v. Creswald, Inc.green pactcomplmontgo · 1956 · cited in 2 North Dakota opinions naming this issue, 2012–2012 2 sentences 2012As one court has observed, “in the long run neighborhood quarrels and petty litigation will be minimized rather than magnified by a rule that does not require an exercise of self-help before permitting an action to enforce legal rights.” Ludwig v. Creswald Inc., 7 Pa. D. & C.2d 461, 464 (1956). 2012As one court has observed, “in the long run neighborhood quarrels and petty litigation will be minimized rather than magnified by a rule that does not require an exercise of self-help before permitting an action to enforce legal rights.” Ludwig v. Creswald Inc., 7 Pa. D. & C.2d 461, 464 (1956).	2	2
Lane v. WJ. Curry & Sonsgreen tenn · 2002 · cited in 2 North Dakota opinions naming this issue, 2012–2012 2 sentences 2012As the court summarized in Lane, 92 S.W.3d at 361 (citations and footnote omitted): The Massachusetts rule, however, has been criticized as being outdated, having evolved in an earlier time when land was mostly unsettled and people lived predominately in rural settings. 2012As the court summarized in Lane, 92 S.W.3d at 361 (citations and footnote omitted): The Massachusetts rule, however, has been criticized as being outdated, having evolved in an earlier time when land was mostly unsettled and people lived predominately in rural settings.	2	2
Mucsi v. GRAOCH ASSOCIATES LTD. PARTNERSHIPgreen wash · 2001 · cited in 1 North Dakota opinions naming this issue, 2005–2005 2 sentences 2005Mucsi v. Graoch Associates Limited Partnership #12, 144 Wash.2d 847 , 31 P.3d 684, 688 (2001). 2005Mucsi v. Graoch Associates Limited Partnership #12, 144 Wash.2d 847 , 31 P.3d 684, 688 (2001).	1	1
South v. National Railroad Passenger Corp.green nd · 1980 · cited in 1 North Dakota opinions naming this issue, 1986–1986 1 sentence 1986Passenger Corp., 290 N.W.2d 819, 839 (N.D.1980), where we said that “evidence of one’s past driving record is inadmissible to prove that a person acted negligently on the occasion in dispute.” Scott and Nemont have urged that we adopt the “Massachusetts rule” stated in Watson v. Forbes, 307 Mass. 383 , 30 N.E.2d 228 (1940), that failure to have a driver’s license is evidence of negligence.	1	1
Hawkins v. United Statesgreen dc · 1978 · cited in 1 North Dakota opinions naming this issue, 1986–1986 1 sentence 1986We decline to do so because, as stated in Hawkins v. United States, 395 A.2d 45, 47 (App.D.C.1978): “We view under the circumstances of this case the testimony in dispute as having considerable prejudice and little probative value.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Whitesell v. Houlton green hawapp · 1981 2 sentences 2012The basis for the Massachusetts rule was explained in Michalson , at 491: The common sense of the common law has recognized that it is wiser to leave the individual to protect himself, if harm results to him from this exercise of another’s right to use his property in a reasonable way, than to subject that other to the annoyance, and the public to the burden, of actions at law, which would be likely to be innumerable and, in many instances, purely vexatious. [¶ 10] Another approach is the “Hawaii rule,” formulated in Whitesell v. Houlton, 2 Haw.App. 365 , 632 P.2d 1077 (1981). 2012The basis for the Massachusetts rule was explained in Michalson , at 491: The common sense of the common law has recognized that it is wiser to leave the individual to protect himself, if harm results to him from this exercise of another’s right to use his property in a reasonable way, than to subject that other to the annoyance, and the public to the burden, of actions at law, which would be likely to be innumerable and, in many instances, purely vexatious. [¶ 10] Another approach is the “Hawaii rule,” formulated in Whitesell v. Houlton, 2 Haw.App. 365 , 632 P.2d 1077 (1981).	2	2012–2012
Fancher v. Fagella green va · 2007 2 sentences 2012Fancher, 650 S.E.2d at 522 . [¶ 19] The Massachusetts rule has also been widely criticized as being “unsuited to modern urban and suburban life.” Fancher, 650 S.E.2d at 522 . 2012Fancher, 650 S.E.2d at 522 . [¶ 19] The Massachusetts rule has also been widely criticized as being “unsuited to modern urban and suburban life.” Fancher, 650 S.E.2d at 522 .	2	2012–2012
Woods v. Naumkeag Steam Cotton Co. green mass · 1883 2 sentences 2005The Massachusetts rule, also known as the natural accumulation rule, stems from the case of Woods v. Naumkeag Steam Cotton Co., 134 Mass. 357 (1883). 2005The Massachusetts rule, also known as the natural accumulation rule, stems from the case of Woods v. Naumkeag Steam Cotton Co., 134 Mass. 357 (1883).	1	2005–2005
Wal-Mart Stores, Inc. v. Surratt green texapp · 2003 2 sentences 2005Id. 2005Id.	1	2005–2005
Mucsi v. Graoch Associates Ltd. Partnership No. 12 green wash · 2001 2 sentences 2005Mucsi v. Graoch Associates Limited Partnership #12, 144 Wash.2d 847 , 31 P.3d 684, 688 (2001). 2005Mucsi v. Graoch Associates Limited Partnership #12, 144 Wash.2d 847 , 31 P.3d 684, 688 (2001).	1	2005–2005
Watson v. Forbes neutral mass · 1940 2 sentences 1986Passenger Corp., 290 N.W.2d 819, 839 (N.D.1980), where we said that “evidence of one’s past driving record is inadmissible to prove that a person acted negligently on the occasion in dispute.” Scott and Nemont have urged that we adopt the “Massachusetts rule” stated in Watson v. Forbes, 307 Mass. 383 , 30 N.E.2d 228 (1940), that failure to have a driver’s license is evidence of negligence. 1986Passenger Corp., 290 N.W.2d 819, 839 (N.D.1980), where we said that “evidence of one’s past driving record is inadmissible to prove that a person acted negligently on the occasion in dispute.” Scott and Nemont have urged that we adopt the “Massachusetts rule” stated in Watson v. Forbes, 307 Mass. 383 , 30 N.E.2d 228 (1940), that failure to have a driver’s license is evidence of negligence.	1	1986–1986
Allen v. Stovall green · 1901 2 sentences 1913An examination of the, minority cases (Marlow v. Lacy, 68 Tex. 154 , 2 S. W. 52 ; Allen v. Stovall, 94 Tex. 618 , 63 S. W. 863 , 64 S. W. 777 ; Fidelity & D. 1913An examination of the, minority cases (Marlow v. Lacy, 68 Tex. 154 , 2 S. W. 52 ; Allen v. Stovall, 94 Tex. 618 , 63 S. W. 863 , 64 S. W. 777 ; Fidelity & D.	1	1913–1913
Marlow v. Lacy green · 1886 2 sentences 1913An examination of the, minority cases (Marlow v. Lacy, 68 Tex. 154 , 2 S. W. 52 ; Allen v. Stovall, 94 Tex. 618 , 63 S. W. 863 , 64 S. W. 777 ; Fidelity & D. 1913An examination of the, minority cases (Marlow v. Lacy, 68 Tex. 154 , 2 S. W. 52 ; Allen v. Stovall, 94 Tex. 618 , 63 S. W. 863 , 64 S. W. 777 ; Fidelity & D.	1	1913–1913
Cook v. Ceas green cal · 1904 2 sentences 1913It was construed in Cook v. Ceas, 143 Cal. 227 , 77 Pac. 65 , and Cook v. Ceas, 147 Cal. 614 , 82 Pac. 370 , adversely to the Massachusetts decision and to the contention of respondents; and although that decision was subsequent to the adoption of tbe statute in this state, it was a construction of tbe Code by tbe state from wbicb we derived it, and of tbe section as part of a completed Code wbicb we adopted as a whole. 1913It was construed in Cook v. Ceas, 143 Cal. 227 , 77 Pac. 65 , and Cook v. Ceas, 147 Cal. 614 , 82 Pac. 370 , adversely to the Massachusetts decision and to the contention of respondents; and although that decision was subsequent to the adoption of tbe statute in this state, it was a construction of tbe Code by tbe state from wbicb we derived it, and of tbe section as part of a completed Code wbicb we adopted as a whole.	1	1913–1913
Cherry Hill Gold Mining Co. v. Baker neutral cal · 1905 2 sentences 1913It was construed in Cook v. Ceas, 143 Cal. 227 , 77 Pac. 65 , and Cook v. Ceas, 147 Cal. 614 , 82 Pac. 370 , adversely to the Massachusetts decision and to the contention of respondents; and although that decision was subsequent to the adoption of tbe statute in this state, it was a construction of tbe Code by tbe state from wbicb we derived it, and of tbe section as part of a completed Code wbicb we adopted as a whole. 1913It was construed in Cook v. Ceas, 143 Cal. 227 , 77 Pac. 65 , and Cook v. Ceas, 147 Cal. 614 , 82 Pac. 370 , adversely to the Massachusetts decision and to the contention of respondents; and although that decision was subsequent to the adoption of tbe statute in this state, it was a construction of tbe Code by tbe state from wbicb we derived it, and of tbe section as part of a completed Code wbicb we adopted as a whole.	1	1913–1913
Cook v. Ceas neutral cal · 1905 2 sentences 1913It was construed in Cook v. Ceas, 143 Cal. 227 , 77 Pac. 65 , and Cook v. Ceas, 147 Cal. 614 , 82 Pac. 370 , adversely to the Massachusetts decision and to the contention of respondents; and although that decision was subsequent to the adoption of tbe statute in this state, it was a construction of tbe Code by tbe state from wbicb we derived it, and of tbe section as part of a completed Code wbicb we adopted as a whole. 1913It was construed in Cook v. Ceas, 143 Cal. 227 , 77 Pac. 65 , and Cook v. Ceas, 147 Cal. 614 , 82 Pac. 370 , adversely to the Massachusetts decision and to the contention of respondents; and although that decision was subsequent to the adoption of tbe statute in this state, it was a construction of tbe Code by tbe state from wbicb we derived it, and of tbe section as part of a completed Code wbicb we adopted as a whole.	1	1913–1913
Ellsworth v. Hayes neutral · 1888 1 sentence 1895The decision of the Wisconsin Supreme Court in Biemel v. State, 37 N. W. 249 , sustaining the Michigan and Massachusetts doctrine, appears to be based upon legislation in that state authorizing the trial judge to appoint an assistant whenever he thinks the public interests i-equire it, and providing that such assistant shall be paid out of the public funds.	1	1895–1895

Where else courts name it

MA 171 (1887–2026) NY 38 (1886–2009) MO 21 (1878–2014) IL 19 (1881–2010) CA 18 (1919–2018) MI 18 (1872–2008) RI 17 (1873–2011) NJ 17 (1898–1997) ME 17 (1914–2015) CT 17 (1890–1999) MD 15 (1894–1989) OH 15 (1914–1980) NH 15 (1894–2013) PA 13 (1924–2015) WA 12 (1914–2001) HI 12 (1900–2019) TX 12 (1894–2005) WI 12 (1897–1969) OR 12 (1923–2011) TN 11 (1896–2024) MN 11 (1914–1977) CO 10 (1891–2019) WY 10 (1901–2004) VA 10 (1906–1994) DE 10 (1913–1984) NM 9 (1937–2025) IA 9 (1920–1974) KY 8 (1912–2019) AR 8 (1895–2018) FL 7 (1929–2005) AL 7 (1914–2008) AZ 7 (1964–1974) UT 7 (1917–2000) NE 7 (1903–1978) ND 6 (1895–2012) SD 6 (1927–1968) VT 6 (1882–2006) NV 5 (1929–1992) WV 5 (1910–2022) OK 4 (1912–1994) IN 4 (1881–1982) NC 4 (1929–1994) DC 4 (1972–2006) LA 3 (1934–2014) SC 3 (1927–2004) GA 3 (1924–1965) MS 3 (1894–1983) MT 2 (1914–1924) ID 2 (1989–1995) KS 2 (1936–1990)

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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