Francis Condon

The case involved a dispute between the Town of Bristol and Castle Construction Co. over whether the company was obligated to construct roads shown on a subdivision plat. The town sought to enforce platting regulations adopted in 1949, which required road construction to subgrade before recording new plats, against a replat filed by the company that only altered lot frontages on an existing recorded plat from 1948. The superior court denied and dismissed the town's bill in equity, and the Rhode Island Supreme Court affirmed, holding that a reasonable interpretation of the regulations did not impose road-building obligations on a replat that made no changes to road locations or created new roads. The court reasoned that the original plat had already effected a dedication of the roads to the public, and it would be unjust to require the replat applicant to assume construction duties merely for changing lot sizes on an unaffected road.

propertybusiness & regulatory

This case involved a contract dispute (assumpsit) in which the plaintiff obtained a jury verdict against the defendant, who then sought a new trial that was denied. The Rhode Island Supreme Court declined to review the defendant's bill of exceptions on the merits because the defendant failed to comply with statutory procedures under G.L. 1956, § 9-24-20, requiring submission of the bill and transcript to the trial justice for allowance, and no proper motion was filed under § 9-24-22 to establish their truth. The court held that such procedural compliance is jurisdictional and cannot be waived by party stipulation or inaction, though it allowed the parties an opportunity to correct the defect. A concurring opinion agreed with the outcome but argued that jurisdiction had been conferred by certification to the court.

procedure

This case involved a workers' compensation claim by petitioner Araujo, a wax molder, who sought benefits for disability allegedly caused by carpal tunnel syndrome in her wrists, which she attributed to repetitive hand pressure from her job at Technical Casting Co. The trial commissioner denied the claim after finding no causal connection to employment, based on medical testimony including a doctor's response to a hypothetical question about the timeline of symptoms and prior treatment for thumb issues. The full commission affirmed the denial, and the Rhode Island Supreme Court upheld that decision on appeal, ruling that the hypothetical question was properly based on evidence and that the overall record supported the finding of no work-related causation. The court also rejected challenges to the denial of additional disability payments, witness fees, and higher attorney fees.

labor & employment

This case involves an action of assumpsit brought by plaintiff Scullian against defendant Finley for $4,000 allegedly owed for goods including a portable diner and equipment that had been sold and delivered. The superior court ruled for the defendant after taking judicial notice of records from two prior related cases: an equity proceeding enforcing a common-law lien that resulted in a sale of the chattels to a third party, and a trover action in which the same plaintiff unsuccessfully challenged the legality of that sale. The court held that the prior decision upholding the sale made the question of its validity res judicata, so the plaintiff lacked general title to the chattels and could not prevail on his claim. Exceptions to an evidentiary ruling and to the decision on the merits were overruled, and the case was remitted for entry of judgment.

propertyprocedure

This case involved a breach of contract claim by the United Master Plumbers Association of Rhode Island on behalf of one member (Bassett) against another member (Bookbinder) for violating an association bylaw. The bylaw required any member who was not declared the lowest bidder on a job to pay 10% of the low bid amount to the lowest bidder, with the association authorized to sue in its own name to collect the sum. The defendant demurred, arguing the association lacked standing to sue in its own name as it held no legal interest in the contract. The trial court overruled the demurrer and ruled for the association on the merits, but the Rhode Island Supreme Court sustained the defendant's exception, holding that the bylaw did not create a legal interest in the association or qualify as a proper written assignment under state statute, so the action could not proceed in the association's name under common law pleading rules.

business & regulatoryprocedure

This case involved a state trooper whose application for reappointment after two three-year terms was denied by the superintendent of the Rhode Island state police on the ground of inadaptability, following an internal hearing before a board of officers. The petitioner contended that he was entitled to reappointment or, at minimum, to removal procedures including written notice of charges and a full hearing with counsel, citing prior case law on police tenure. The court denied the petition for certiorari and dismissed the writ, ruling that the superintendent holds sole authority to appoint members for fixed three-year terms under G.L. 1956, §42-28-10, with no statutory right to reappointment, continued tenure, or civil service protections. The core reasoning was that the petitioner had completed his term and was not removed from office, so procedural protections for removal did not apply, and any hearing provided was a courtesy rather than a legal requirement.

labor & employmentprocedure