Case law

Inhabitants of Lynnfield v. Inhabitants of Peabody

219 Mass. 322 · Massachusetts Supreme Judicial Court · Nov 24, 1914

was not to be applied to grants preceding such establishment. … Woods, 108 Mass. 160, 169 , 170: “Unless qualified by restrictive words, they pass the soil towards the centre of the water, as far as the grantor owns.

Commonwealth v. Buswell

468 Mass. 92 · Massachusetts Supreme Judicial Court · May 13, 2014

Contrast the Model Penal Code’s less stringent approach to establishing attempt. … The prosecutor’s questions clearly focused on the defendant’s belief, and the jury received other evidence concerning the actual age at which an individual is legally able to give consent.

Ferriter v. Daniel O'Connell's Sons, Inc.

381 Mass. 507 · Massachusetts Supreme Judicial Court · Sep 9, 1980

Furthermore, the question was not clearly presented until Nelson v. Richwagen, 326 Mass. 485 (1950). See White v. Thomson, 324 Mass. 140, 143 (1949). … The court then likened the policies involved to those underlying parent-child tort immunity. Id.

Commonwealth v. Pena

455 Mass. 1 · Massachusetts Supreme Judicial Court · Sep 24, 2009

Because defense counsel did not request or secure the judge’s permission to make a missing witness argument after establishing its foundational requirements, defense counsel’s comment called for the jury to speculate impermissibly … Brendel, a highly qualified psychiatrist. 19 See Commonwealth v. Colon, 449 Mass. 207, 219 (2007) (“no substantial likelihood of a miscarriage of justice where the testimony was cumulative”).

Custody of a Minor

389 Mass. 755 · Massachusetts Supreme Judicial Court · Jul 22, 1983

While the mother was helping to establish the juice factory, the child lived with Brenda C. and attended public school. The factory project faltered, and the mother left it. She met a man, whose wife had left him! … Custody is not to be transferred from the natural parent simply because another prospective custodian is thought to be better qualified.

New York Times Co. v. Commissioner of Revenue

427 Mass. 399 · Massachusetts Supreme Judicial Court · May 7, 1998

As the board found, testimony of the present and former employees of the department was often conflicting, and certainly did not clearly indicate that the commissioner adhered to any one policy in his decisions whether to … The regulation also specifically requires that the motor vehicles qualifying for tax exemption enter the Commonwealth with passengers or freight.

Demoulas v. Demoulas

428 Mass. 555 · Massachusetts Supreme Judicial Court · Dec 22, 1998

In the context of the entire jury instructions on the issue, the term reasonably suggested to the jury, not that they had the sole obligation of qualifying the deposition testimony as admissible evidence, but that they only … If they purchased the assets, they should have the opportunity to establish their status as bona fide purchasers.

Commonwealth v. Depina

456 Mass. 238 · Massachusetts Supreme Judicial Court · Mar 10, 2010

Trooper Watson and Trooper Cyr’s T-shirts both bore clearly marked State police emblems on the front; Special Agent Doyle’s T-shirt was marked “FBI” on the front. … Corroboration, however, is not the only way the Commonwealth can establish the reliability of an anonymous caller.

Commonwealth v. Azar

435 Mass. 675 · Massachusetts Supreme Judicial Court · Jan 23, 2002

Paul Kleinman, who was qualified as an expert on child abuse. … Grey, supra at 470 n.l and 472 n.4, clearly and correctly defined the third prong of malice. Grey was decided more than two years before this case was tried.

Commonwealth v. Armstrong

Massachusetts Supreme Judicial Court · Jun 30, 2023

However, this framework is not specific enough to qualify as a validated method for this type of analysis. … The victim was last seen looking for the defendant, and subsequently picked up the defendant from a quick serve food establishment in his truck; a cup and receipt from the establishment were in the victim's home when the

Commissioner of Corporations & Taxation v. Filoon

310 Mass. 374 · Massachusetts Supreme Judicial Court · Dec 29, 1941

. *376 The burden of establishing that the taxpayer was entitled to abatement was upon him. Staples v. Commissioner of Corporations & Taxation, 305 Mass. 20, 26 . The facts were found by the Appellate Tax Board. … said “as to a restoration of those profits [accumulated prior to March 1, 1913] out of subsequent earnings if the former have been lost,” and that what “had been ‘ accumulated ’ prior to March 1, 1913, was obviously not immune

McClure v. Secretary of the Commonwealth

436 Mass. 614 · Massachusetts Supreme Judicial Court · Apr 29, 2002

The plaintiffs’ plan is clearly well within what the Legislature viewed as an acceptable magnitude of deviation from population equality perfection, and there is no suggestion that the Legislature decided that territorial … I agree with the court’s opinion, ante at 626, that the plaintiffs have failed to establish their claim that the Legislature’s plan constitutes a partisan political gerrymander in violation of equal protection guarantees,

Veolia Energy Bos., Inc. v. Bd. of Assessors of Bos.

483 Mass. 108 · Massachusetts Supreme Judicial Court · Sep 11, 2019

[were] to consume it were clearly a part of the apparatus necessary to be used by the corporation in order to accomplish the object for which it was established." … To the extent that the assessors suggest that Veolia cannot benefit from the exemption because some portions of the networks are owned or used by "non-manufacturing entities" that "do[ ] not qualify for Clause 16(3) treatment

Sullivan v. Liberty Mutual Insurance

444 Mass. 34 · Massachusetts Supreme Judicial Court · Apr 15, 2005

Some of the evidence on which Sullivan has relied is clearly inadmissible. See notes 8, 19, supra. We nevertheless conclude that Sullivan has established a prima facie case of sex discrimination. … As in all reductions in force, Liberty was forced to choose whom to terminate from among several presumably qualified attorneys.

UBS Financial Services, Inc. v. Aliberti

Massachusetts Supreme Judicial Court · Oct 22, 2019

Whereas ERISA frequently preempts State law actions with respect to qualified retirement plans, litigation concerning IRAs typically involves State law. … The amended counterclaim establishes that Aliberti is a proper plaintiff.

Commonwealth v. Santana

477 Mass. 610 · Massachusetts Supreme Judicial Court · Aug 17, 2017

the apartment, Cedeno heard them "screaming," hitting and threatening Castro, and demanding that he make a telephone call. 1 Norma Cedeno testified to the details of the attack at trial under a grant of immunity … "It is well established that a confession or an admission is admissible in evidence only if it is made voluntarily." Tremblay, 460 Mass. at 206.

Perez v. Boston Housing Authority

379 Mass. 703 · Massachusetts Supreme Judicial Court · Feb 4, 1980

In doing so we apply the rule that findings of fact made by the judge below are to be accepted by us unless clearly erroneous, Mass, R. Civ. … BHA’s Liability Established.

Spencer v. Civil Service Commission

479 Mass. 210 · Massachusetts Supreme Judicial Court · Mar 27, 2018

Nor has Spencer established that his resignation was made "in reasonable reliance on misinformation received from  21 his employer." … Spencer contends that this constituted a finding of fact that was both clearly erroneous and unsupported by substantial evidence. We disagree.

Attorney Gen. v. ADMIN. JUSTICE, BOSTON MUN. CT. DEPT.

384 Mass. 511 · Massachusetts Supreme Judicial Court · Oct 26, 1981

Section 92 (adding G.L.c. 185C) of the Act established the Housing Court Department of the Trial Court, consisting of the City of Boston Division and the Hampden County Division. … Although we draw support from these cases, we continue to rely on, and to be guided by, art. 63's history and language which clearly manifest the framers' intent to strike a balance between the exercise of legislative and

Commonwealth v. White

370 Mass. 703 · Massachusetts Supreme Judicial Court · Jul 30, 1976

Prior precedents in the Commonwealth have not spoken clearly to the particular point. Cf. Commonwealth v. Smith, 151 Mass. 491 (1890); Commonwealth v. Perry, 248 Mass. 19 (1924). … Under Rule 803 (24) of the Federal Rules of Evidence, which sets up what we have called an innominate category, it appears likely that such a condition would be imposed if the statements could possibly have qualified otherwise