Case law

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  • Lincoln v. Commonwealth

    164 Mass. 368 · Massachusetts Supreme Judicial Court · Oct 17, 1895

    See Blesch v. Chicago & Northwestern Railway, 48 Wis. 168, 189 ; Cowper Essex v. Local Board for Acton, 14 App. Cas. 153, 177. … Ricket v. Metropolitan Railway, L. R. 2 H. L. 175, 202. Cowper Essex v. Local Board for Acton, 14 App. Cas. 153, 170; S. C. 17 Q. B. D. 447,450. Buccleuch v. Metropolitan Board of Works, L. R. 5 H. L. 418, 461.

    Cited 44 timesPublished
  • Clark v. Story

    208 Mass. 36 · Massachusetts Supreme Judicial Court · Feb 28, 1911

    White v. Brown, 2 Cush. 412 . Mills v. Day, 206 Mass. 530 . They have been charged only with what they actually received. Of this they have no right to complain. 2. … Adams v. Brown, 7 Cush. 220 . Grerrish v. Black, 104 Mass. 400 . Waterman v. Curtis, 26 Conn. 241 .

    Cited 5 timesPublished
  • Wellesley Housing Authority v. S. & A. Allen Construction Co.

    340 Mass. 466 · Massachusetts Supreme Judicial Court · Mar 7, 1960

    [V]oucher for final payment ... is due and payable immediately on approval of State housing board.” … Inc. v. Board of Conciliation & Arbitration, 339 Mass. 301, 302-303 , and cases cited. Nothing in Dondis v.

    Cited 3 timesPublished
  • Employers' Liability Assurance Ltd. v. DiLeo

    298 Mass. 401 · Massachusetts Supreme Judicial Court · Sep 24, 1937

    the board had jurisdiction. … Fort Leavenworth Railroad v. Lowe, 114 U. S. 525 . Western Union Telegraph Co. v. Chiles, 214 U. S. 274 . Arlington Hotel Co. v. Fant, 278 U. S. 439 . Commonwealth v. Clary, 8 Mass. 72 . Mitchell v.

    Cited 11 timesPublished
  • Newman's Case

    222 Mass. 563 · Massachusetts Supreme Judicial Court · Feb 9, 1916

    Mayhew v. Thayer, 8 Gray, 172 . Sturbridge v. Franklin, 160 Mass. 149 . Watts v. Watts, 160 Mass. 464 . … Ogle, 170 Ill. 115 ; Goss v. Harris, 117 Ga. 345 ; Baum v. Turner, 139 Ky. 597 ; Aultman v. Miller & Co. 68 Kans. 640 . This is not inconsistent with Dodge v.

    Cited 28 timesPublished
  • Jewett v. Mayor of Medford

    233 Mass. 65 · Massachusetts Supreme Judicial Court · May 20, 1919

    Doty v. Lyman, 166 Mass. 318 . … The mayor then was the presiding officer over the board of aldermen, with a casting vote but no veto. See Day v. Aldermen of Springfield, 102 Mass. 310 .

    Cited 3 timesPublished
  • Filosa's Case

    295 Mass. 592 · Massachusetts Supreme Judicial Court · Nov 4, 1936

    Board in awarding compensation to the dependents”; and (5) “That the decree entered by the Superior Court is not supported by the finding of the Industrial Accident Board.” … Quimby v. Boston Elevated Railway, 248 Mass. 364 .

    Cited 13 timesPublished
  • Six Brothers, Inc. v. Town of Brookline

    Massachusetts Supreme Judicial Court · Mar 8, 2024

    Marlborough, 415 Mass. 750, 751-752 (1993) (upholding local board of health regulation limiting the operation of cigarette vending machines to certain locations); Take Five Vending, Ltd. v. … Lewis, supra ("local boards of health have a lot of authority to enact regulations" and "[i]n many ways this is very positive"). See also Lazlo L. v.

    Cited 0 timesPublished
  • Perry v. Leveroni

    252 Mass. 390 · Massachusetts Supreme Judicial Court · May 21, 1925

    In principle the case at bar cannot be distinguished from Chippendale v. North Adams Savings Bank, 222 Mass. 499 . See also Brown v. Brown, 174 Mass. 197 ; Palmer v. … Treasurer & Receiver General, 222 Mass. 263 ; Attorney General v. Clark, 222 Mass. 291 ; Marble v. Treasurer and Receiver General, 245 Mass. 504 ; Moore v. Mansfield, 248 Mass. 210 .

    Cited 27 timesPublished
  • McLean v. Mayor of Holyoke

    216 Mass. 62 · Massachusetts Supreme Judicial Court · Oct 22, 1913

    Crocker v. Justices of the Superior Court, 208 Mass. 162 . … French v. Jones, 191 Mass. 522, 532 . Deehan v. Johnson, 141 Mass. 23 . This present case does not present a mere ministerial function into the doing of which no element of sound discretion enters, as in Braconier v.

    Cited 37 timesPublished
  • Gray v. Attorney General

    474 Mass. 638 · Massachusetts Supreme Judicial Court · Jul 1, 2016

    Student No. 9 v. Board of Educ., 440 Mass. 752, 759 (2004). … In Carney v.

    Cited 6 timesPublished
  • City of Boston v. Curley

    276 Mass. 549 · Massachusetts Supreme Judicial Court · Sep 11, 1931

    Morville v. Fowle, 144 Mass. 109 . Trustees of Andover Theological Seminary v. Visitors, 253 Mass. 256, 294 . In re Bellamy & Metropolitan Board of Works, 24 Ch. Div. 387, 400, 403-404. … In re Flower & Metropolitan Board of Works, 27 Ch. Div. 592. Bohlen’s Estate, 75 Penn. St. 304, 317. Bales v. Perry, 51 Mo. 449 .

    Cited 27 timesPublished
  • Faxon v. School Committee of Boston

    331 Mass. 531 · Massachusetts Supreme Judicial Court · Jul 1, 1954

    In Joyce v. Board of Education of Chicago, 325 Ill. … Goldway v. Board of Higher Education of New York, 178 Misc. (N. Y.) 1023. Koral v. Board of Education of New York , 197 Misc. (N. Y.) 221. A very recent similar decision is found in Board of Education of Los Angeles v.

    Cited 27 timesPublished
  • Leader v. Kolligan

    262 Mass. 63 · Massachusetts Supreme Judicial Court · Jan 5, 1928

    Brown v. Castles, 11 Cush. 348 . Mignault v. Goldman, 234 Mass. 205 . … Brown v. Bigelow, 10 Allen, 242 , 244. J. I. Case Plow Works v. Niles & Scott Co. 90 Wis. 590, 606 . In the matters to which exceptions were saved, supra, the judge erred.

    Cited 7 timesPublished
  • Town of Stoneham v. Savelo

    341 Mass. 456 · Massachusetts Supreme Judicial Court · Nov 22, 1960

    The planning board could properly rely upon his agreement and was not obliged to examine into the probabilities of his performance. See Wiley & Foss, Inc. v. Saxony Theatres, Inc. 335 Mass. 257, 261 . … Boyden v. Hill, 198 Mass. 477, 483-484 .

    Cited 19 timesPublished
  • Assessors of Boston v. Garland School of Home Making

    296 Mass. 378 · Massachusetts Supreme Judicial Court · Jan 25, 1937

    This is an appeal by the board of assessors of the city of Boston (herein called the assessors) from a decision of the board of tax appeals (herein called the board). G. L. (Ter. … This issue of law was raised in the proceedings before the board by various requests for rulings which were dealt with by the board and is brought before us by specific assignments of error.

    Cited 71 timesPublished
  • Fiske v. City of Worcester

    219 Mass. 428 · Massachusetts Supreme Judicial Court · Dec 9, 1914

    is an administrative board within the purview of § 40. … Goddard v. Lowell, 179 Mass. 496 . Webb Granite & Construction Co. v. Worcester, 187 Mass. 385, 389, 390 . Ryan v. Boston, 204 Mass. 456 . Commercial Wharf Cory. v. Boston, 208 Mass. 482, 488 . Sullivan v.

    Cited 17 timesPublished
  • Foley v. City of Haverhill

    144 Mass. 352 · Massachusetts Supreme Judicial Court · May 5, 1887

    Lowell v. Hadley, 8 Met. 180 , 192. Taber v. New Bedford, 135 Mass. 162 . Sisson v. New Bedford, 137 Mass. 255, 262 . Gilkey v. Watertown, 141 Mass. 317, 319 . … Hendrick v. Whittemore, 105 Mass. 23 . McCormick v. Fiske, 138 Mass. 379 . A hasty reading of Fitchburg Railroad v.

    Cited 13 timesPublished
  • Tenneco Inc. v. Commissioner of Revenue

    401 Mass. 380 · Massachusetts Supreme Judicial Court · Dec 24, 1987

    The ruling was affirmed by the board. A decision of .the board will only be disturbed if it was not supported by “substantial evidence,” or was tainted by an error of law. See Towle v. … Co. v. Bair, 267 U.S. 267, 272 (1978).

    Cited 12 timesPublished
  • Clean Harbors of Braintree v. BD. OF HEALTH, BRAINTREE

    409 Mass. 834 · Massachusetts Supreme Judicial Court · Apr 29, 1991

    See Ingersoll-Rand Co. v. McClendon, 111 S. Ct. 478, 482 (1990). “[T]he question whether a certain state action is pre-empted by federal law is one of congressional intent. … Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 208 (1985).

    Cited 9 timesPublished

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