Slaughter v. McVey

Although framed and articulated more sharply in this second appeal, the core issue argued for McVey was decided in 1984 in an unpublished order rendered under Rule 1:28 of this court. An appellate court generally declines to reconsider questions decided in an earlier appeal in the same case. Peterson v. Hopson, 306 Mass. 597, 599 (1940). New England Merchs. Natl. Bank v. Old Colony Trust Co., 385 Mass. 24, 26 (1982). Of course, assuming the question is validly before us, we will not adhere doggedly to a manifest error committed in a previous decision, but we think the previous decision in…