Case law

W. B. Manufacturing Co. v. Rubenstein

236 Mass. 215 · Massachusetts Supreme Judicial Court · Jun 23, 1920

Whether a witness was qualified to testify as an expert was under the circumstances within the discretion of the master. Westinghouse Electric & Manuf. Co. v. Wagner Electric & Manuf. Co. 225 U. S. 604 . … Co. 192 Mass. 391, 405 . *221 Clearly whether the master’s report should be recommitted was within the discretion of the court. Decree affirmed with costs.

Commonwealth v. DiMonte

427 Mass. 233 · Massachusetts Supreme Judicial Court · Apr 10, 1998

The jury clearly rejected the defendant’s strained account of the incident that occurred on April 18. … The evidence is insufficient to establish this claim. Nemeth v. Ford Motor Co., 61 Mich.

Quincy Ornamental Iron Works, Inc. v. Findlen

353 Mass. 85 · Massachusetts Supreme Judicial Court · Jun 30, 1967

L. c. 231A, § 1] clearly gives . . . [the] Court jurisdiction to make binding declarations of right, duty, status and other legal relationships in any case in which an actual controversy has arisen, as long as . . . … It is well established that a bidder on a contract governed by G. L. c. 149, §§ 44A-44L has standing to challenge the compliance of the awarding authority with the requirements of those sections.

Taber v. St. Peter's Parish

228 Mass. 312 · Massachusetts Supreme Judicial Court · Oct 23, 1917

The will was allowed on October 21, 1903, and the plaintiff has duly qualified as trustee. … William Tillinghast Conner, named in the will as a beneficiary and as a cotrustee, died on January 15, 1914, never having qualified as trustee.

McIntire

458 Mass. 257 · Massachusetts Supreme Judicial Court · Nov 5, 2010

Clearly, the Superior Court had jurisdiction over the petitioner and the subject matter of the case: G. … As previously discussed, what Johnstone establishes is that the failure of at least one qualified examiner to opine that a petitioner remains an SDP renders the Commonwealth unable to meet its burden of proof.

Bacon v. Inhabitants of Charlton

61 Mass. 581 · Massachusetts Supreme Judicial Court · Sep 15, 1851

The statute, which gives the defendants the right to make a tender, does not limit or qualify the right. … Of these, none is more clearly established, than the rule, that a tender in such a case admits the cause of action. * And we think any other construction of the statute would be unreasonable and unjust.

Adoption of Willow

433 Mass. 636 · Massachusetts Supreme Judicial Court · Apr 6, 2001

Gregory could not attend kindergarten because she failed to have him immunized. When first placed in foster care, they ate ravenously with their hands and hoarded food. … A parent’s relationship with her children is constitutionally protected, but is not immune from State intervention.

Commonwealth v. Resende

474 Mass. 455 · Massachusetts Supreme Judicial Court · Jun 9, 2016

. § 924 (e)(1), to qualify, but rather requires that the predicate crimes be ones “arising from separate incidences.” … L. c. 140 § 123; established a firearms record-keeping trust fund; prohibited the possession or sale of “sawed-off’ shotguns, see G.

Robinson v. Commonwealth

399 Mass. 131 · Massachusetts Supreme Judicial Court · Jan 26, 1987

In this case, both the ultimate findings and the conclusions of the judge were clearly wrong. … Burr would qualify under definition of ‘psychotherapist’” under G. L. c. 233, § 20B. We disagree.

Gannon v. City of Boston

476 Mass. 786 · Massachusetts Supreme Judicial Court · Apr 18, 2017

Newspaper Co., 457 Mass. 113, 120 (2010) ("Once an employee 'make[s] at least a facial showing that reasonable accommodation is possible,' the burden of proof [of both production and persuasion] shifts to the employer to establish … The plaintiff's showing of being 'otherwise qualified' encompasses or subsumes the issue of direct threat, the argument goes, because a person who is a direct threat would not be qualified for the job; being qualified implies

Commonwealth v. Fremont Investment & Loan

452 Mass. 733 · Massachusetts Supreme Judicial Court · Dec 9, 2008

It is well established that a practice may be deemed unfair if it is “within at least the penumbra of some common-law, statutory, or other established concept of unfairness.” PMP Assocs., Inc. v. … a lender, insofar as it leads directly to injury for consumers, qualifies as “unfair” under G.

Commonwealth v. Stewart

422 Mass. 385 · Massachusetts Supreme Judicial Court · Apr 4, 1996

An erroneous admission of this conviction, along with the clearly admissible convictions, would have been harmless error beyond a reasonable doubt. See Gilday v. Commonwealth, 355 Mass. 799 (1969); Commonwealth v. … If polygraphic evidence is to be admissible in a given case, it seems likely that its reliability will be established by proof in a given case that a qualified tester who conducted the test had in similar circumstances demonstrated

Putnam v. Putnam

366 Mass. 261 · Massachusetts Supreme Judicial Court · Sep 20, 1974

Only assets which qualify for the marital deduction in my estate shall be allocated to this trust fund. … because the certainty of qualification for the marital deduction must be established as of the date of death.

Dartt v. Browning-Ferris Industries, Inc.

427 Mass. 1 · Massachusetts Supreme Judicial Court · Feb 26, 1998

It is the responsibility of the judge, not counsel, to state to the jury the “governing principles of law as to the issues raised by the pleadings and supported by [the] evidence, so that the jury may clearly understand their … Co., 414 Mass. 375, 382 (1993) (term “qualified handicapped person” in G.

Chandler v. Prince

214 Mass. 180 · Massachusetts Supreme Judicial Court · Feb 27, 1913

If we follow the language of the statute, this last instruction clearly required too much of the plaintiff. Mrs. … It was only the qualified title to the securities, subject to the payment of these demands, that she transferred to the defendant.

Commonwealth v. Allison

434 Mass. 670 · Massachusetts Supreme Judicial Court · Jul 25, 2001

The judge instructed the jury to consider each of the charges separately, and clearly explained that the grand jury does not decide guilt or innocence of the offenses charged. … (a) Improper vouching for immunized witness.

In the Matter of Paul Pappas

358 Mass. 604 · Massachusetts Supreme Judicial Court · Jan 29, 1971

his ability to obtain news and to the reporting ability of the press. (3) In support of such judicial consideration, it is asserted that the First Amendment* 6 creates in the news media and their employees a privilege (or immunity … investigation; (2) that ifeis the duty of all citizens having relevant knowledge to assist in such inquiries when called upon to do so; (3) that the burden rests upon a witness, asserting impropriety in a grand jury inquiry, to establish

Feeney v. Dell Inc.

465 Mass. 470 · Massachusetts Supreme Judicial Court · Jun 12, 2013

commitment to consumer protection legislation, to insulate themselves from small value consumer claims creates the potential for countless customers to be without an effective method to vindicate their statutory rights, a result clearly … In addition, and unlike the arbitration clause in Concepcion, Dell’s arbitration clause did not permit a consumer to bring qualifying claims in small claims court in lieu of arbitration.

Johnson v. Commissioner of Public Safety

355 Mass. 94 · Massachusetts Supreme Judicial Court · Dec 24, 1968

“Such a result might fairly be characterized as absurd, and an intention to accomplish this absurd result, unless clearly required by the language of the statute, is not to be attributed to the Legislature.” … There is nothing in the record to indicate that the individuals who were promoted to fill the two vacancies were not qualified. There was no discrimination. 3.

Fisher v. McGirr

67 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 15, 1854

But if he has them in his possession with intent to pass them as true, knowing them to be counterfeit, the intention qualifies the act, and such act may be justly made punishable. … Clearly, keeping with an intent to sell.