359 A.2d 48 WILLIAM P. MORINVILLE vs. LANA MORINVILLE et al. Supreme Court of Rhode Island. June 14, 1976. PRESENT: Paolino, Joslin, Kelleher and Doris, JJ. 1. NEW TRIAL. Motion for New Trial. Rule Governing Trial Justice. In considering a motion for a new trial the trial justice is obligated to make an independent appraisal […]
Category: Superior Court Opinions
JOHANSEN v. JOHANSEN, 117 R.I. 988 (1977)
ELEANOR M. JOHANSEN v. HAROLD L. JOHANSEN. APPEAL No. 77-36.Supreme Court of Rhode Island. February 17, 1977. Motion of defendant to extend the time for filing his brief is granted and said brief shall be filed on or before March 21, 1977. A. Norman LaSalle, Norman L. Grant, for plaintiff. Ferdinand A. Bruno, Joseph J. […]
McGRATH v. N.Y. N.E.R.R. CO., 14 R.I. 357 (1884)
BRIDGET McGRATH, Administratrix, vs. THE NEW YORK NEW ENGLAND RAILROAD COMPANY. Supreme Court of Rhode Island. January 26, 1884. A railroad workman after finishing his work was told by his foreman that there were twenty minutes before the next train, which was understood to mean the next regular train. Whereupon the workman with others mounted […]
ZIELONKA v. U.S. RUBBER CO., 77 R.I. 167 (1950)
74 A.2d 246 MICHAEL ZIELONKA vs. UNITED STATES RUBBER COMPANY. Supreme Court of Rhode Island. June 23, 1950. PRESENT: Flynn, C.J., Capotosto, Baker, Condon and O’Connell, JJ. 1. WORKMEN’S COMPENSATION. Contempt Proceedings. Effect of Reemployment on Award of Compensation. Employee was injured on August 3, 1945 and from August 4, 1945 there was in effect […]
STATE v. FOUNTAIN, 115 R.I. 944 (1975)
STATE v. EUGENE S. FOUNTAIN et al. M. P. No. 75-290.Supreme Court of Rhode Island. November 20, 1975. Motion of respondent for extension of time to respond to the show cause order is granted. Julius C. Michaelson, Attorney General, Judith Romney Wegner, Special Asst. Attorney General, for plaintiff-respondent. Raymond J. Daniels, for defendant-petitioners.
IN RE THOMAS V., 540 A.2d 1027 (R.I. 1988)
540 A.2d 1027 In re THOMAS V. No. 87-522 Appeal.Supreme Court of Rhode Island. April 28, 1988. Appeal from the Family Court, DiPetrillo, J. Kevin J. Aucoin, for Dept. of Children their Families. Francis B. Brown, Providence, for CASA Unit. Denise M. Auger, Cumberland, for defendant. [1] OPINION PER CURIAM. [2] This is a father’s […]
R.I. HOSPITAL TRUST CO. v. HUMPHREY, 32 R.I. 318 (1911)
79 A. 829 R.I. HOSPITAL TRUST COMPANY vs. SARAH L. HUMPHREY et al. Supreme Court of Rhode Island. May 25, 1911. PRESENT: Dubois, C.J., Johnson, Parkhurst, and Sweetland, JJ. (1) Adoption. The status of an adopted child depends upon the statute of adoption. (2) Adoption. Inheritance. Pub. Stat. (1882) cap. 164, § 7, of adoption, […]
SIRAVO v. EHRLICH, INC., 60 R.I. 150 (1938)
197 A. 435 SALVATORE SIRAVO vs. C.J. EHRLICH, INC. Supreme Court of Rhode Island. February 25, 1938. PRESENT: Flynn, C.J., Moss, Capotosto, Baker and Condon, JJ. (1) New Trial. Unless the decision of the trial justice on motion for new trial is clearly wrong, or that it fails to do substantial justice between the parties, […]
TILLINGHAST v. HARROP, 63 R.I. 394 (1939)
9 A.2d 28 ALLEN TILLINGHAST et al. vs. GEORGE E. HARROP et al. Supreme Court of Rhode Island. November 9, 1939. PRESENT: Flynn, C.J., Moss, Capotosto, Baker and Condon, JJ. (1) Judgment. Res Judicata. In action of trespass and ejectment, superior court decided that probate court’s decree, setting off realty in fee simple to surviving […]
STATE LOAN COMPANY v. BARRY, 71 R.I. 188 (1945)
43 A.2d 161 STATE LOAN COMPANY vs. PATRICK F. BARRY. Supreme Court of Rhode Island. July 3, 1945. PRESENT: Flynn, C.J., Moss, Capotosto, Baker Condon, JJ. (1) Courts § 37. Waiver of Objections. The question of the court’s jurisdiction over the subject matter may be raised at any time before judgment. (2) Abatement and Revival […]
WHITE v. SIRAGO, 65 R.I. 454 (1940)
16 A.2d 328 SAMUEL M. WHITE, d.b.a. GREATER FINANCE CO. vs. ANTHONY SIRAGO et al. Supreme Court of Rhode Island. November 4, 1940. PRESENT: Flynn, C.J., Moss, Capotosto, Baker and Condon, JJ. (1) Appeal and Error § 1177 (1). Necessity of New Trial. Where interpretation which might be placed on decision of a trial justice […]
RONDEAU v. SAYLES, 30 R.I. 228 (1910)
74 A. 785 CHARLES V. RONDEAU vs. ALBERT A. SAYLES, et al. Supreme Court of Rhode Island. January 7, 1910. PRESENT: Dubois, C.J., Blodgett, Johnson, Parkhurst, and Sweetland, JJ. (1) Master and Servant. Emergency. Negligence. Minors. Plaintiff, an employee, 14 years of age, was shifting a belt, with his left hand, from a fixed to […]
JACKVONY v. BERARD, 66 R.I. 290 (1941)
18 A.2d 889 LOUIS V. JACKVONY, Atty. Gen. ex rel. vs. ALBERT M. BERARD. SAME vs. HUGO A. JARRET. SAME vs. WILFRID W. LaROCHELLE. SAME vs. JOSEPH SCHMETZ. Supreme Court of Rhode Island. March 14, 1941. PRESENT: Flynn, C.J., Moss, Capotosto and Baker, JJ. (1) Quo Warranto § 55. Evidence. In proceedings in equity in […]
ALLEN v. R.I. STATE BD. OF V’T’RIN’NS, 72 R.I. 372 (1947)
52 A.2d 131 CYXIL JAMES ALLEN vs. RHODE ISLAND STATE BOARD OF VETERINARIANS et al. Supreme Court of Rhode Island. March 27, 1947. PRESENT: Flynn, C.J., Moss, Capotosto, Baker and Condon, JJ. (1) Constitutional Law § 56. — Establishment, Organization, and Jurisdiction of Courts. The legislature had full power to divest the supreme court of […]
POLLARD v. HARTFORD INS. CO., 583 A.2d 79 (R.I. 1990)
583 A.2d 79 John R. POLLARD v. The HARTFORD INSURANCE COMPANY. No. 89-477 Appeal.Supreme Court of Rhode Island. December 10, 1990. Page 80 Appeal from the Superior Court, Providence County, Needham, J. Ronald J. Resmini, Providence, for plaintiff. C. Russell Bengtson, Providence, for defendant. [1] OPINION KELLEHER, Justice. [2] This litigation might be considered to […]
STATE v. CLARK, 112 R.I. 270 (1973)
308 A.2d 792 STATE vs. SIDNEY A. CLARK. Supreme Court of Rhode Island. August 17, 1973. PRESENT: Roberts, C.J., Paolino. Kelleher and Doris, JJ. 1. CRIMINAL LAW. Inspection of Minutes of Grand Jury. Need Therefor. Refusal of trial justice to allow defendant to inspect minutes of grand jury in rape case was not erroneous where […]
BUTTIE v. NORFOLK DEDHAM MUTUAL FIRE, 995 A.2d 546 (R.I. 2010)
Robert BUTTIE v. NORFOLK DEDHAM MUTUAL FIRE INSURANCE CO. et al. No. 2007-368-M.P.Supreme Court of Rhode Island. May 12, 2010. Appeal from the Superior Court, Providence County, Stephen J. Page 547 Neil P. Philbin, Esq., Peace Dale, for Plaintiff. Eva Marie Mancuso, Esq., Providence, for Defendants, Raymond Joan Cataldo. Michael R. DeLuca, Esq., Providence, for […]
INDUSTRIAL TRUST CO. v. COLT, 50 R.I. 252 (1929)
146 A. 857 INDUSTRIAL TRUST COMPANY, EX. AND Tr., vs. RUSSELL G. COLT et al. Supreme Court of Rhode Island. June 25, 1929. PRESENT: Stearns, C.J., Rathbun, Sweeney, Barrows, and Murdock, JJ. (1) Wills. Presumption Against Intestacy. When a person makes a will it is presumed that he did not intend to die intestate as […]
DiBIASIO v. DiFAZIO, 103 R.I. 565 (1968)
239 A.2d 719 PASQUALE DiBIASIO vs. JOHN DiFAZIO et al. Supreme Court of Rhode Island. March 18, 1968. PRESENT: Roberts, C.J., Paolino, Powers, Joslin and Kelleher, JJ. 1. SPECIFIC PERFORMANCE. Burden of Proof. Contracts. Authority to Sign for Another. Where title to three lots of land was in defendant and his mother as joint tenants […]
28 PROSPECT HILL ST., INC. v. GAINES, 461 A.2d 923 (R.I. 1983)
461 A.2d 923 28 PROSPECT HILL ST., INC., et al. v. Paul GAINES, et al. No. 82-533-M.P.Supreme Court of Rhode Island. June 21, 1983. Appeal from the Superior Court, Providence County, Kiely, J. Joseph T. Houlihan, Jeffrey J. Teitz, Newport, for plaintiffs. Thomas W. Kelly, City Sol. for City of Newport, for defendants. [1] OPINION […]