Case law

Fisher School v. Assessors of Boston

325 Mass. 529 · Massachusetts Supreme Judicial Court · Mar 30, 1950

That would be a question of law and it was appropriately raised before the board. Choate v. Assessors of Boston, 304 Mass. 298, 300 . Assessors of Lancaster v. Perkins School, 323 Mass. 418, 419 . … McDonough v. Metropolitan Life Ins. Co. 228 Mass. 450, 452 . Reardon Importing Co. v. Security Trust Co. 318 Mass. 304, 307 . American Institute for Economic Research v.

Hibbard v. County of Suffolk

163 Mass. 34 · Massachusetts Supreme Judicial Court · Jan 8, 1895

Attorney General v. Boston, 142 Mass. 200 . Rockwell v. Fillmore County, 47 Minn. 219 . Ryan v. Outagamie Co. 80 Wis. 336 . Clark v. State, 142 N. Y. 101 . … The intimation in Wheelock v. Auditor of Suffolk County, 130 Mass. 486 , is that such a suit as this should be brought against the city.

Selectmen of Natick v. Boston & Albany Railroad

210 Mass. 229 · Massachusetts Supreme Judicial Court · Nov 6, 1911

Brown v. Brown, 8 Met. 573 , 576. Ford v. Tirrell, 9 Gray, 401 . Easton v. Smith, 20 Pick. 150 , 156. Federal Ins. Co. v. Gilmour, 206 Mass. 203 . … Browne v. Turner, 174 Mass. 150, 154 . United States v. Trans-Missouri Freight Association, 166 U. S. 290, 317, 319 . But the trial judge does not appear to have proceeded on the theory of such extension of the rule.

City of Salem v. Eastern Railroad

98 Mass. 431 · Massachusetts Supreme Judicial Court · Jan 15, 1868

Baker v. Boston, 12 Pick. 184 , 193. Commonwealth v. Tewksbury, 11 Met. 55 . Commonwealth v. Alger, 7 Cush. 53 , 85. Belcher v. Farrar, 8 Allen, 325 . … Boswell’s Lessee v. Otis, 9 How. 336 . Harris v. Hardeman, 14 How. 334 . McKee v. McKee, 14 Penn. State, 231. We think that these principles apply to the proceedings of a board of health.

Becker v. Calnan

313 Mass. 625 · Massachusetts Supreme Judicial Court · Apr 26, 1943

Ratté v. Forand, 299 Mass. 185, 187 . Walter v. McCarvel, 309 Mass. 260, 263 . … Snay v. Lovely, 276 Mass. 159, 163, 164 , and cases cited. Cohen v. Silver, 277 Mass. 230, 235 . Sullivan v. Barrows, 303 Mass. 197, 201 . See Clark v. Morgan, 271 Mass. 164 .

Gibney v. Mayor of Fall River

306 Mass. 561 · Massachusetts Supreme Judicial Court · Sep 11, 1940

Breault v. Auburn, 303 Mass. 424, 428 , and cases cited. “A municipality can exercise no direction or control over one whose duties have been defined by the Legislature.” Daddario v. … The board was not obliged to give any reason for its action. In its action the board violated no law. In Downey v.

Stone v. Heath

179 Mass. 385 · Massachusetts Supreme Judicial Court · Jun 19, 1901

Horton, Salem v. Eastern Railroad , and People v. Board of Health, ubi supra. … Miller v. Morton, Salem v. Eastern Railroad, People v. Board of Health , and Commonwealth v. Alden, ubi supra.

Barrows v. Bell

73 Mass. 301 · Massachusetts Supreme Judicial Court · Oct 15, 1856

The King v. Fleet, 1 B. & Ald. 383. So in Roberts v. … Fairman v.

Twomey v. Town of Middleborough

468 Mass. 260 · Massachusetts Supreme Judicial Court · Jun 2, 2014

. *270 More specifically, a town meeting cannot exercise authority over a board of selectmen when the board is acting in furtherance of a statutory duty. See Anderson v. … In Anderson v.

Cappy's, Inc. v. Dorgan

313 Mass. 170 · Massachusetts Supreme Judicial Court · Feb 1, 1943

On the refusal of Kaplan to pay this alleged difference on January 30, 1940, the employees immediately went on a strike, which was terminated February 1 after a conference with the State board of conciliation and arbitration … Lajoie v. Milliken, 242 Mass. 508 . Richardson v. Brown, 260 Mass. 509 . Freeman v. Teeling, 290 Mass. 93 . Carey v. Fitzpatrick, 301 Mass. 525 .

Gildea v. Ellershaw

363 Mass. 800 · Massachusetts Supreme Judicial Court · Jul 9, 1973

Ellis, 233 Atl. 2d 37 (Maine 1967), the municipal licensing board denied the plaintiff’s application for a victualler’s license and a court issued a peremptory writ of mandamus ordering the board members to grant the license … C.). the plaintiff sought damages from the members of the parole board for allegedly revoking his parole without affording him a prior hearing before the full board to which he claims he was entitled.

Woodward v. Leavitt

107 Mass. 453 · Massachusetts Supreme Judicial Court · Sep 15, 1871

had been' paid; and one witness testified that Brown said he thought ‘ Woodward was on the catch.’ … State v. Howard, 17 N. H. 171. State v. Pike, 20 N. H. 344. State v. Ayer, 3 Foster, 301 . Boynton v. Turnbull, 45 N. H. 408. And in Eolsom v.

Chisholm's Case

238 Mass. 412 · Massachusetts Supreme Judicial Court · May 24, 1921

Generous v. Hosmer, 216 Mass. 26, 28 . In Shepard v. … Co. v. Rahn, 132 U.

Shaw v. Cordis

143 Mass. 443 · Massachusetts Supreme Judicial Court · Jan 13, 1887

Hemenway v. Hemenway, 134 Mass. 446, 452 . New England Trust Co. v. Eaton, 140 Mass. 532, 542, 543 . … See Lambert v. Lambert, 20 W. R. 943; Brown v. Gellatly, L. R. 2 Ch. 751, 758; Chancellor v. Brown, 26 Ch. D. 42. Decree affirmed.

Bowker v. City of Worcester

334 Mass. 422 · Massachusetts Supreme Judicial Court · Jul 17, 1956

Bell v. Treasurer of Cambridge, 310 Mass. 484, 488 . *434 Caputo v. Board of Appeals of Somerville, 330 Mass. 107, 111 , and cases cited. … It was said in Berenson v.

Tracht v. County Commissioners of Worcester

318 Mass. 681 · Massachusetts Supreme Judicial Court · Nov 6, 1945

Commonwealth v. Young, 135 Mass. 526 . Commonwealth v. Rawson, 183 Mass. 491 . Belmont v. New England Brick Co. 190 Mass. 442 . Kineen v. Lexington Board of Health, 214 Mass. 587 . … Whitney v. Judge of the District Court of Northern Berkshire, 271 Mass. 448, 458-459 . Morrissey v. State Ballot Law Commission, 312 Mass. 121, 126 . Miami Grove Inc. v. Licensing Board for Boston, 312 Mass. 318, 324 .

City of Malden v. Flynn

318 Mass. 276 · Massachusetts Supreme Judicial Court · May 9, 1945

The granting of a permit is merely the instrumentality by which the removal or transportation is to be controlled by the board of health. Commonwealth v. McGann, 213 Mass. 213 . Saxe v. … Burke v. Holyoke Board of Health, 219 Mass. 219, 221 . Commonwealth v. McCarthy, 225 Mass. 192, 195 .

White v. Maynard

111 Mass. 250 · Massachusetts Supreme Judicial Court · Nov 15, 1872

But there is nothing in either of the reports to show that the rooms were in a boarding-house ; and, as suggested by the judges in Wright v. … , in the plaintiff’s boarding-house; and Mr.

Sellors v. Town of Concord

329 Mass. 259 · Massachusetts Supreme Judicial Court · Sep 10, 1952

The cases at bar fall within the authority of Lexington v. Govenar, 295 Mass. 31, 34-35 , Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 225, 227 , Building Commissioner of Medford v. C. & H. … Co. 319 Mass. 273, 281-282 , and Carson v. Board of Appeals of Lexington, 321 Mass. 649, 654 , rather than Smith v.

Saunders v. Whitcomb

177 Mass. 457 · Massachusetts Supreme Judicial Court · Jan 4, 1901

There was also evidence tending to show that the drawers of the bill were its real owners, that Brown, Shipley and Company, Brown Brothers and Company and the bank were merely agents for the collection of the bill for the … So in Jones v.