Case law

Vineyard Grove Co. v. Inhabitants of Oak Bluffs

265 Mass. 270 · Massachusetts Supreme Judicial Court · Nov 28, 1928

The petitioner could show the demand for bathhouses already on the remaining land, which could be extended to include bathhouses if built on the land taken; and could show that the use of the remaining land as a bathing establishment … It has been frequently decided that the question whether an expert is qualified to give an opinion rests largely in the discretion of the presiding judge, whose decision will not be reversed unless clearly erroneous in law

Von Henneberg v. Generazio

403 Mass. 519 · Massachusetts Supreme Judicial Court · Dec 12, 1988

After the judge found that Henneberg was qualified to testify on the question of damages, the plaintiff was free to give his opinion of the value of the damaged property. … The defendant’s attempt, on cross-examination, to discredit Henneberg’s method of reaching his dollar figure did not affect Henneberg’s established competence to give his opinion.

Wade v. Howard

28 Mass. 289 · Massachusetts Supreme Judicial Court · Sep 22, 1831

These positions have not been controverted, except so far as the rule relied on by the demandants may be qualified by other rules of law : one of which is, that every deed is to be construed according to the intention of … The estate intended to be passed seems to be clearly ascertained by the clause in the deed, which was no doubt inserted for that purpose.

School Committee v. Massachusetts Commission Against Discrimination

377 Mass. 392 · Massachusetts Supreme Judicial Court · Feb 28, 1979

Section 105D simply states that an employer is not required to establish disability benefit programs for females taking maternity leave. … Although it is well established under the Federal equal employment law that some discrimination may be justified in case of "business necessity,” 14 see Griggs v.

Commonwealth v. Avila

454 Mass. 744 · Massachusetts Supreme Judicial Court · Sep 15, 2009

Defense counsel objected on the grounds that no foundation had been laid to establish that Dr. Flomenbaum was an expert in metallurgy and that his opinion exceeded the scope of his medical expertise. … Flomenbaum and Coleman, there clearly was ample evidence to support a theory of deliberately premeditated murder.

Borden, Inc. v. Commissioner of Public Health

388 Mass. 707 · Massachusetts Supreme Judicial Court · Apr 12, 1983

The conceptual borders dividing adjudication and regulation have not yet been clearly drawn, and such a clear division may well be impossible of achievement. … Finding that “in view of the evidence before the legislature, the question clearly is ‘at least debatable.’ United States v.

Commonwealth v. Fuller

399 Mass. 678 · Massachusetts Supreme Judicial Court · Apr 21, 1987

Questions as to how far the cross-examination of a witness may be relevant to the issue on trial “are not open to revision unless the substantial rights of a party are clearly shown to have been prejudiced.” … The defendant was allowed to establish that the mother was very upset when she returned home on October 12,1984.

Lawton v. Sun Mutual Insurance

56 Mass. 500 · Massachusetts Supreme Judicial Court · Oct 15, 1848

But whether such delay was barratry or not, we have no doubt, that his conduct at Tahiti, after his second arrival there, supposing it not to be justified or excused by circumstances, comes clearly within the denomination … It seems to be established by the proof, that this conduct, on the part of the master, was the result of the excessive drinking of ardent spirits.

Opinion of the Justices to the Senate & the House of Representatives

309 Mass. 562 · Massachusetts Supreme Judicial Court · Jul 1, 1941

The bill printed as House, No. 568 would add to the existing law somewhat detailed provisions whereby an employer may bring himself within the provisions of the workmen’s compensation law by qualifying as a “ self-insurer … The imposition upon an employer of a fine for his failure to provide for workmen’s compensation is clearly a proper method of enforcing compliance with a requirement that such compensation be provided.

Commonwealth v. Allen

377 Mass. 674 · Massachusetts Supreme Judicial Court · Mar 30, 1979

Clearly, that limitation was not observed in this case. … I adhere to my earlier views but agree that the law suddenly established in the Vitello case calls for a new trial here.

KES Brockton, Inc. v. Department of Public Utilities

416 Mass. 158 · Massachusetts Supreme Judicial Court · Aug 13, 1993

To establish standing to seek review under G. L. c. 25, § 5, a petitioner must show “either that the Department did in fact exercise its discretion pursuant to G. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Real Estate Bar Association for Massachusetts, Inc. v. National Real Estate Information Services

459 Mass. 512 · Massachusetts Supreme Judicial Court · Apr 25, 2011

On the other hand, NREIS’s preparation of settlement statements and other mortgage-related forms for its lender clients *525 clearly does not constitute the unauthorized practice of law. … Protective Ass’n , 295 Mass, at 372 (establishing legal rights of others and drafting documents by which such rights are established are practice of law). See also LAS Collection Mgt. v.

City of Lawrence v. Commissioners of Public Works

318 Mass. 520 · Massachusetts Supreme Judicial Court · Sep 14, 1945

Even if he was not a de jure officer, he may have been a de facto officer, and evidence or the established fact that he was not the former would be insufficient to establish that he was not the latter, on the ground that … insufficient, without more, to establish the fact that he was not at least a de facto officer.

Buckley v. Secretary of the Commonwealth

371 Mass. 195 · Massachusetts Supreme Judicial Court · Oct 13, 1976

They seek to establish that a measure proposed by the Legislature as a substitute for a qualified initiative petition is not in accordance with the requirements of art. 48 of the Amendments to the Constitution of the Commonwealth … In truth, The Initiative, III, § 2, the legislative substitute clause, was complementary to the people’s initiative process and is to be construed in the light of those portions of the amendment to which it clearly relates

Hancock v. Commissioner of Education

443 Mass. 428 · Massachusetts Supreme Judicial Court · Feb 15, 2005

For example, in July, 2004, the Legislature established a Department of Early Education and Care. St. 2004, c. 205. … In Springfield, only seven per cent of seniors qualified, and in Lowell, only thirteen per cent qualified. Minorities Lagging in Tuition Program, Boston Globe, Dec. 11, 2004, at A1 and A7.

Commonwealth v. Godfroy

420 Mass. 561 · Massachusetts Supreme Judicial Court · Jun 15, 1995

Section 5, as in effect at the time the defendant pleaded guilty, provided in relevant part: “If, after a person’s sixty day period of observation, the report filed with'the court by the two qualified examiners clearly indicates … No waiver has been established. We now consider the appropriate remedy. In Commonwealth v.

Commonwealth v. Laltaprasad

475 Mass. 692 · Massachusetts Supreme Judicial Court · Oct 14, 2016

The court answered that § 3 (e) was clearly intended, "at some time, to empower judges with discretion to impose a sentence below a mandatory minimum sentence established by statute." Id. at 322. … The defendant's criminal record, before the sentencing judge in connection with the Commonwealth's motion to reconsider the sentence, clearly qualifies the defendant as a subsequent offender.

COMMONWEALTH v. AMBROSE A., a Juvenile

Massachusetts Supreme Judicial Court · Dec 20, 2024

Even if one of the six specific reasons is established by the requisite quantum of proof, expungement is not automatic. Instead, the judge must also determine whether expungement "is in the best interests of justice." … That is clearly not the situation we face here. Both rape of a child by force and assault and battery remain criminal acts regardless of the age of the person who commits them. See G.

American Trucking Ass'n v. Secretary of Administration

415 Mass. 337 · Massachusetts Supreme Judicial Court · May 25, 1993

Revenue from fuel license fees is placed in the “Highway Fund,” established by G. … In establishing these fees, the Legislature clearly intended that interstate truckers pay only their fair share of the costs incurred by the Commonwealth.

Commonwealth v. LeClair

445 Mass. 734 · Massachusetts Supreme Judicial Court · Jan 11, 2006

According to one such commentator, “[t]he courts have quite consistently held that the killing of [one known to be an innocent bystander] does not qualify as manslaughter, apparently upon the assumption that a reasonable … Clearly, the moments leading up the killing were emotionally charged.