628 A.2d 537 In re ADVISORY OPINION TO the HOUSE OF REPRESENTATIVES. No. 93-262-M.P.Supreme Court of Rhode Island. July 20, 1993. Virginia McGinn, Sp. Asst. Atty. Gen., Michael O’Connor, Richard P. Kearns, for House of Representatives. Page 538 James P. Marusak, for Town of Lincoln. [1] To the Honorable House of Representatives of the State […]
Category: Supreme Court Opinions
BALL v. WEBSTER, 65 R.I. 34 (1940)
13 A.2d 278 HERBERT BALL vs. CHARLES E. WEBSTER. Supreme Court of Rhode Island. May 17, 1940. PRESENT: Flynn, C.J., Moss, Capotosto, Baker and Condon, JJ. (1) Trial § 178. Direction of Verdict. In passing upon a motion for the direction of a verdict for the defendant, it was the duty of the trial justice […]
R.I. HOSPITAL TRUST CO. v. SACK, 79 R.I. 493 (1952)
90 A.2d 436 RHODE ISLAND HOSPITAL TRUST COMPANY, Tr. vs. A. ALBERT SACK, IV, et al. Supreme Court of Rhode Island. July 18, 1952. PRESENT: Flynn, C.J., Capotosto, Baker, Condon and O’Connell, JJ. 1. TRUSTS. Construction. Use of Word “Children”. The word “children” usually does not include an adopted child, notwithstanding statutory provision investing an […]
BESSETTE v. PETRUCCI, 51 R.I. 287 (1931)
154 A. 121 GEORGE H. BESSETTE vs. THOMAS PETRUCCI. Supreme Court of Rhode Island. March 27, 1931. PRESENT: Stearns, C.J., Rathbun, Sweeney, and Murdock, JJ. (1) Bankruptcy. Notice. Discharge of Indebtedness. Where a creditor had actual knowledge of bankruptcy proceedings, although his debt was not listed in the schedule of liabilities of the bankrupt, and […]
SKINNER v. BRUNSEN, 69 R.I. 159 (1943)
32 A.2d 263 ELIZABETH C. SKINNER, Individually and as Surviving Trustee vs. ESTELLE HAZELTINE BRUNSEN et al. Supreme Court of Rhode Island. May 11, 1943. PRESENT: Flynn, C.J., Moss, Capotosto, Baker and Condon, JJ. 1. Wills § 438. Intention of Testator. In construing a will, it is the court’s primary duty to ascertain therefrom testator’s […]
SPOUTING ROCK BEACH ASS’N v. GARCIA, 104 R.I. 451 (1968)
244 A.2d 871 SPOUTING ROCK BEACH ASSOCIATION vs. RAYMOND P. GARCIA et al. Supreme Court of Rhode Island. August 8, 1968. PRESENT: Roberts, C.J., Paolino, Powers, Joslin and Kelleher, JJ. 1. APPEAL. Uncontradicted Evidence. Rule on Appeal. Where plaintiff, in proceeding to enjoin city from removing fence and shrubs, had the burden of showing by […]
SMITH DEVEL. CORP. v. BILOW ENTERPRISES, 112 R.I. 203 (1973)
308 A.2d 477 SMITH DEVELOPMENT CORPORATION vs. BILOW ENTERPRISES, INC. et al. McDONALD’S CORPORATION vs. BILOW ENTERPRISES, INC. et al. Supreme Court of Rhode Island. August 15, 1973. PRESENT: Roberts, C.J., Paolino. Powers and Kelleher. JJ. 1. INSTRUCTIONS TO JURY. Purpose and Requirements. Clarity as to Applicable Rules of Law. Relationship to Issues Raised at […]
FAGIN v. GOGGIN, 12 R.I. 398 (1879)
LUKE FAGIN vs. DAVID GOGGIN. Supreme Court of Rhode Island. NEWPORT COUNTY. PROVIDENCE. July 26, 1879. A recognizance given by an infant under Gen. Stat. R.I. cap. 186, § 19, is binding upon him. Such infant is bound to reimburse his surety the amount of a judgment recovered by the State upon the recognizance and […]
STATE v. DRISCOLL, 118 R.I. 908 (1977)
STATE v. MICHAEL DRISCOLL. APPEAL No. 77-31.Supreme Court of Rhode Island. March 28, 1977 The defendant’s motion to withdraw his appeal is granted. Julius C. Michaelson, Attorney General, for plaintiff. William F. Reilly, Public Defender, Barbara Hurst, John A. MacFadyen III, James Ruggerio, Asst. Public Defenders, for defendant.
KIRK v. BALL, 45 R.I. 93 (1923)
120 A. 165 GEORGE KIRK vs. FENNER BALL et al. Supreme Court of Rhode Island. March 16, 1923. PRESENT: Sweetland, C.J., Vincent, Stearns, and Sweeney, JJ. (1) Bills and Notes. Proof. Trial. In an action on a promissory note, the plaintiff makes out a prima facie case by producing the note. (2) Bills and Notes. […]
HADDAD v. FIRST NAT. STORES, 109 R.I. 59 (1971)
280 A.2d 93 EDMOND HADDAD et al. vs. FIRST NATIONAL STORES, INC. Supreme Court of Rhode Island. August 4, 1971. PRESENT: Roberts, C.J., Paolino, Powers, Joslin and Kelleher, JJ. 1. TORTS. Landowner’s Liability. Trespassing Child Doctrine. Today, the basis for the landowner’s liability in cases involving trespassing children is his duty to take reasonable measures […]
AMICA MUTUAL INS. CO. v. STARR, 438 A.2d 1104 (R.I. 1981)
438 A.2d 1104 AMICA MUTUAL INS. CO. v. F. Albert STARR et al. No. 81-204-A.Supreme Court of Rhode Island. November 12, 1981. Higgins, Cavanagh Cooney, John T. Walsh, Jr., Providence, for plaintiff. Zimmerman, Roszkowski Brenner, Richard E. Kyte, Jr., Woonsocket, for defendants. [1] ORDER [2] This case comes before us on plaintiff’s motion to affirm […]
MYLES P. FLAHERTY ASSOCIATES, INC. v. RUSSO, 685 A.2d 663 (R.I. 1996)
685 A.2d 663 Myles P. Flaherty Associates, Inc. v. Arthur S. Russo, et al. No. 95-534-Appeal.Supreme Court of Rhode Island. December 3, 1996 Appeal from Superior Court, Providence County, Pfeiffer, J. Weisberger, CJ, Lederberg, Bourcier, JJ. concurring. Flanders, J. not participating. Thomas W. Heald and Myles C. Beltram for plaintiff. Donald Lembo for defendant. [1] […]
WELLS WIFE v. FAIRBANKS, 6 R.I. 474 (1860)
SETH W. WELLS WIFE v. ELBRIDGE FAIRBANKS. Supreme Court of Rhode Island. COUNTY OF KENT. SEPTEMBER TERM, 1860. A testator devised to his two sons, W.L.C. and C.S.C. his Baker Farm and Morse Lot, “during the term of their natural lives, equally between them, and then to their children lawfully begotten, as follows, to wit: […]
STATE v. HOLLAND, 118 R.I. 947 (1977)
STATE v. IRA HOLLAND. C. A. No. 76-326.Supreme Court of Rhode Island. June 10, 1977 The defendant’s motion that this case be remanded to Superior Court for hearing on motion for bail pending appeal is granted. At the conclusion of said hearing this case will be returned to this court forthwith. Julius C. Michaelson, Attorney […]
McGEE v. McGEE, 120 R.I. 991 (1978)
RICHARD McGEE v. PHILIP McGEE et al. Appeal No. 78-128.Supreme Court of Rhode Island. June 2, 1978. The motion of appellee Philip McGee for a stay of the amended judgment of the Superior Court is granted. Mr. Justice Weisberger did not participate. Joseph F. Penza, Jr., for Richard McGee. Breslin, Sweeney Gordon, David F. Sweeney, […]
DICOS v. GORDON BUILDERS, INC., 550 A.2d 301 (R.I. 1988)
550 A.2d 301 Dimitri DICOS et al. v. GORDON BUILDERS, INC., et al. No. 88-86-A.Supreme Court of Rhode Island. November 22, 1988. Appeal from the Superior Court, Washington County, Needham, J. Katherine Merolla, Asquith, Merolla, Anderson, Riley Ryan Ryan, Providence, James J. Longolucco, Longolucco, Vinci Sloan, Westerly, for plaintiff. Nathaniel J. Nazereth, Jr., William C. […]
RUMFORD PROPERTY LIABILITY v. CARBONE, 590 A.2d 398 (R.I. 1991)
590 A.2d 398 RUMFORD PROPERTY AND LIABILITY INSURANCE COMPANY v. George CARBONE and Abraham Nathanson. No. 89-362-A.Supreme Court of Rhode Island. April 30, 1991. Page 399 Appeal from the Superior Court, Providence County, Gagnon, J. Frank N. Ray, Licht Semonoff, Thomas C. Angelone, Charles P. Cavas, Hodosh, Spinella Angelone, Providence, for plaintiff. Richard Bicki, Peter […]
FLATHER v. NORBERG, 115 R.I. 933 (1975)
CHARLES R. FLATHER v. JOHN H. NORBERG, Tax Administrator. M. P. No. 75-136.Supreme Court of Rhode Island. October 23, 1975. Motion of respondent to affirm the judgment under Rule 16(g) is denied. Roberts, C.J. not participating. Edwards Angell, Charles G. Edwards, Anne L. Northrup, for petitioner. Julius C. Michaelson, Attorney General, Allen P. Rubine, Special […]
WHITE v. KINNIBURGH, 57 R.I. 117 (1936)
188 A. 517 WILLIS H. WHITE, Trustee, vs. MATTHEW M. KINNIBURGH et al. Supreme Court of Rhode Island. December 17, 1936. PRESENT: Flynn, C.J., Moss, Capotosto, Baker, and Condon, JJ. (1) Trusts, Interest. In a trust where the trustee was in the dual position of trustee and mortgagee, and it was obvious from the terms […]