Case law

McAvoy v. Shufrin

401 Mass. 593 · Massachusetts Supreme Judicial Court · Jan 27, 1988

These general standards of review are qualified somewhat in a defamation case. … We cannot say that the judge’s findings were clearly erroneous. See Mass. R. Civ. P. 52 (a), 364 Mass. 816 (1974).

Inhabitants of Monson v. Inhabitants of Palmer

90 Mass. 551 · Massachusetts Supreme Judicial Court · Sep 15, 1864

construed as expressive of his intention in leaving Becket, or coming to Palmer, or of his purpose to regard one or the other as his fixed place of residence, and it was a declaration accompanying an act which it explained or qualified … The whole subject is very clearly and fully discussed by Mr.

Commonwealth v. Hinds

Massachusetts Supreme Judicial Court · Apr 20, 2021

Powell, 450 Mass. 229, 238 (2007) ("Where general acceptance is not established by the party offering the expert testimony, a full Daubert analysis provides an alternate method of establishing reliability" [citation omitted … Pytou Heang, 458 Mass. 827, 847-849 (2011) (different levels of certainty where expert's discipline "is clearly as much an art as a science").

Lowell

39 Mass. 215 · Massachusetts Supreme Judicial Court · Jun 24, 1839

He who may dispose of the property absolutely, may qualify such disposition, as he pleases. … These cases establish the principle, that if the intention is manifested, the form- of words is not material, and that the court will infer the intent, from all the provisions and from the general purposes of the instrument

Mailman's Steam Carpet Cleaning Corp. v. Lizotte

415 Mass. 865 · Massachusetts Supreme Judicial Court · Jul 19, 1993

The contamination of Mailman’s property caused by leaks in the oil tanks was clearly the natural consequence of the breach of warranty. … The evidence established that, but for the oil contamination, the fair market value of the property would have been $125,000.

Commonwealth v. Snell

189 Mass. 12 · Massachusetts Supreme Judicial Court · Sep 7, 1905

This was clearly competent. The witness Grinnell, who, on September 9, 1908, saw a man at a distance in a boat, was asked this question: “ As you saw him, what did he appear to be doing ? … Besse was qualified as an expert as to the effect of winds and currents upon objects floating in the water in the places inquired of, and the testimony objected to was competent.

Welch v. Adams

152 Mass. 74 · Massachusetts Supreme Judicial Court · Jun 23, 1890

His will having been admitted to probate in New Hampshire, the present plaintiffs have there received letters testamentary, under which they have duly qualified, the decree of the proper Probate Court having been finally … Pollard, it is clearly implied that, if other provision is made by the testator for the support of the wife which will avail her during the year following her husband’s decease, she would not be entitled to interest from

Myers v. Hudson Iron Co.

150 Mass. 125 · Massachusetts Supreme Judicial Court · Nov 26, 1889

But if he failed to do so, and if after the completion of his work defects remained, the defendant was responsible, although it may have had reason to suppose him well qualified for his duty. Moynihan v. … This was all with reference to the plaintiffs’ contention that the efficiency of the leather upon the shoe-brake had become impaired by the effect of the steam upon it; and was clearly competent.

Rawston v. Commissioner of Public Welfare

412 Mass. 778 · Massachusetts Supreme Judicial Court · Jun 9, 1992

The regulations make clear that the fact that the applicant relative lives with the children is not enough to qualify the relative for aid unless the relative also assumes responsibility for the children’s care as is appropriate … Both the Federal and State temporary absence provisions very clearly envision situations in which (1) the grantee relative and the children were physically present in their shared residence; (2) that residence was a home,

Dunn v. Attorney General

474 Mass. 675 · Massachusetts Supreme Judicial Court · Jul 6, 2016

arm" as "the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food; and does not include live animal markets or establishments … the measure proposed in petition 15-11 "is in proper form for submission to the people; that the measure is not, either affirmatively or negatively, substantially the same as any measure which has been qualified

Wireless Specialty Apparatus Co. v. Mica Condenser Co.

239 Mass. 158 · Massachusetts Supreme Judicial Court · Jun 3, 1921

The three inventions first named were in the main those of the defendant McPherson — who was one of the six employees of the plaintiff hereinbefore referred to — “ qualified only by the •statement that the use of copal varnish … The principles- governing relationship between employer and employee, so far as property in inventions is involved — using that word in the sense in which it is used in the statutes relating to patents — are well established

Secretary of Environmental Affairs v. Massachusetts Port Authority

366 Mass. 755 · Massachusetts Supreme Judicial Court · Feb 5, 1975

. *763 Massport’s principal argument is that the judge misinterpreted EOEA Reg. 13. 3 It is argued that the landfill operations, the dike and drain construction, and the surcharging qualify under the phrase “undertaken a … In our opinion the judge’s findings were not clearly erroneous. 1. Effect of the Letter of the Secretary of Environmental Affairs.

Commissioner of Banks v. Chase Securities Corp.

298 Mass. 285 · Massachusetts Supreme Judicial Court · Sep 18, 1937

The sale of securities act clearly does not apply to a sale of stock of the bank considered independently. G. L. (Ter. Ed.) c. 110A, § 3 (g). … Clearly the defendant by the transaction came under some liability to the trust company.

Going v. Emery

33 Mass. 107 · Massachusetts Supreme Judicial Court · Oct 15, 1834

Here the terms, the “ last above specified property ” clearly designate the residue of his real and personal property There is no devise over; and a clear intent is expressed not to die intestate. … It is quite manifest, from the whole tenor of the will, and the particular terms qualifying the gift, that it was given to Messrs. Todd and others, not foi their own use, but in trust for others.

In re Kerlinsky

428 Mass. 656 · Massachusetts Supreme Judicial Court · Jan 14, 1999

“The simultaneous consideration of separate violations ... is an established part of the disciplinary system of this Commonwealth.” Matter of Saab, supra at 326 . … “(B) A lawyer who receives information clearly establishing that: “(1) His client has, in the course of representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same

Commonwealth v. Rivera

425 Mass. 633 · Massachusetts Supreme Judicial Court · Jul 29, 1997

It has been well established that a defendant’s testimony in support of a motion to suppress evidence pursuant to the Fourth Amendment to the United States Constitution may not be admitted against him at trial on the issue … The defendant does not make any argument that Conroy’s experience was insufficient to qualify him as an expert.

Coolidge v. Inhabitants of Brookline

114 Mass. 592 · Massachusetts Supreme Judicial Court · Jan 15, 1874

. *596 and that the town shall appear and be heard is clearly implied, by the provisions of Gen. Sts. c. 2, § 9. … An act establishing a town extending over a certain territory, brings within its jurisdiction all persons residing within its limits.

Judson v. Western Railroad

88 Mass. 486 · Massachusetts Supreme Judicial Court · Sep 15, 1863

by the most approved text writers, that a notice by a carrier that he will not assume the ordinary responsibility imposed on him by law, if brought home to the owner of goods delivered for transportation, and assented to clearly … the defendants above the value of two hundred dollars, under the liabilities imposed by law upon common carriers. *493 We do not mean to say that a general notice brought home to an owner of goods may not be available to qualify

Holbrook v. Holbrook

18 Mass. 248 · Massachusetts Supreme Judicial Court · Oct 15, 1822

The preamble of the act re cites the third article of the declaration of rights, in so far as it establishes an equality of immunities between the different denominations, and the first section pursues the declaration without … The use of the terms corporate and unincorporate in the second section clearly, to my mind, evinces, that the legislature was only providing for the same object which they had in view in the first.

Eaton v. Federal National Mortgage Ass'n

462 Mass. 569 · Massachusetts Supreme Judicial Court · Jun 22, 2012

The mortgage is separate from, but by its terms clearly connected to, the promissory note. … This trust is an equitable device that may qualify as a resulting trust, see Young v.