Case law

Hayward v. New England Mutual Fire Insurance

64 Mass. 444 · Massachusetts Supreme Judicial Court · Oct 15, 1852

The present case seems to us to fall very clearly within the principle established by that decision. … Making all due allowances for the loose manner in which such documents are often prepared, and giving the plaintiff the full benefit of the word “ about ” as qualifying and limiting his answer, it cannot in any view be deemed

Williams v. Secretary of Executive Office of Human Services

414 Mass. 551 · Massachusetts Supreme Judicial Court · Mar 11, 1993

It is within the discretion of the agency to determine priorities for allocation of resources among services where the enabling statute does not itself clearly establish particular priorities. … Currently there are no guidelines on whether a State mental health system has satisfactorily established the “most integrated setting appropriate to the needs of qualified individuals with disabilities.” 28 C.F.R. § 35.130

Planned Parenthood Federation of America, Inc. v. Problem Pregnancy of Worcester, Inc.

398 Mass. 480 · Massachusetts Supreme Judicial Court · Oct 16, 1986

“Findings of fact shall not be set aside unless clearly erroneous . . . .” Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974). … The judge also found that PPLM uses the two service marks of PPFA on its advertising material as well as “PPLM.” 9 Therefore, we find no clear error in the judge’s *488 finding of secondary meaning as it was clearly established

Gram v. Liberty Mutual Insurance

384 Mass. 659 · Massachusetts Supreme Judicial Court · Dec 9, 1981

But termination in the absence of good cause does not establish bad faith, and it is only a factor in determining whether there was fair dealing. … The judge recognized the clearly established public policy, expressed by statute, against discharge due to age of an employee between the ages of forty-five and sixty-five. Id. at 1121. See G. L. c. 149, § 24A; G.

Town of Milton v. Civil Service Commission

365 Mass. 368 · Massachusetts Supreme Judicial Court · Jun 5, 1974

The same program is in operation in a number of other cities or towns and clearly produces extremely attractive candidates for appointment to these police forces. … The wisdom of this rule of appellate procedure is clearly demonstrated by the nature of the contention sought to be raised here.

Commonwealth v. Perry

385 Mass. 639 · Massachusetts Supreme Judicial Court · Mar 25, 1982

The judge qualified as an expert a witness who had been a Boston firefighter for fourteen years, and had worked on 2,500 building fires. … The witness had qualified as an expert, and had testified as to the cause of fires at least twenty-five times, in various courts.

West v. First Agricultural Bank

382 Mass. 534 · Massachusetts Supreme Judicial Court · Feb 12, 1981

her creditors (or her husband’s) , 4 The wife in the *537 West case was asserting that the Massachusetts tenancy as described was unconstitutionally discriminatory as based on sex; therefore she must be accorded some (not clearly … expressed) rights of control, possession, and income in association (not clearly defined) with those of the husband, only joint obligations of both spouses being leviable by creditors, and then (presumably) against the entire

TRUST. OF SMITH COLLEGE v. Bd. of Assessors of Whately

385 Mass. 767 · Massachusetts Supreme Judicial Court · Apr 9, 1982

The assessors also claimed review of a ruling by the board that a private undergraduate educational institu *769 tian, otherwise qualified for an exemption from taxation under G. … Such a finding was clearly warranted. See Assessors of Boston v. Garland School of Home Making, 296 Mass. 378, 384-388 (1937). The assessors did not dispute this finding before the board, nor do they question it here.

Ela v. Smith

71 Mass. 121 · Massachusetts Supreme Judicial Court · Oct 15, 1855

This provision of the statute clearly confers a judicial power. … This clearly includes threatened, as well as existing, violence and resistance to the laws.

Cole v. Tucker

32 L.R.A. 283 · Massachusetts Supreme Judicial Court · Oct 19, 1895

The' plaintiff was a duly qualified voter, whose name was upon the check list. … court is of opinion, that in all cases where the Constitution has conferred a political right or privilege, and where the Constitution has not particularly designated the manner in which that right is to be exercised, it is clearly

Lockhart v. Ferguson

243 Mass. 226 · Massachusetts Supreme Judicial Court · Dec 1, 1922

The petitioner had the burden of establishing by a fair preponderance of the evidence that the testatrix was of sound mind when she executed the will; and the jury passing upon the credibility of the witnesses could give … It is plain it cannot be found by this court that the judge was clearly wrong in his decision upon the preliminary question of the qualification of the witness; the exception thereto must be overruled. Barker v.

Lincoln v. Hapgood

11 Mass. 350 · Massachusetts Supreme Judicial Court · Sep 15, 1814

We think it does not, and that the facts proved clearly maintain the plaintiff’s right to the privilege of which he was deprived. … If, then, a civil action does not lie against them, the party is deprived of his franchise without any relief, and has no way of establishing his right to any future suffrage.

Kitras v. Town of Aquinnah

474 Mass. 132 · Massachusetts Supreme Judicial Court · Apr 19, 2016

The committee concluded that the members of the Tribe were capable of self-governance, well qualified, and supportive of the prospect of becoming a town. Id. at 11. … The commissioners also clearly provided for a right of access to a creek "for the purpose of fishing and clearing the creek."

Doane v. Willcutt

71 Mass. 328 · Massachusetts Supreme Judicial Court · Oct 15, 1855

Shaw, 5 Cush. 56 . *334 This case is clearly distinguishable from that of a conveyance of land, with a general covenant of warranty against the lawful claims of all persons. … This conclusion is strongly confirmed by the existence of the well known rule of law, founded perhaps originally in the Colony Ordinance of Massachusetts of 1647, but now established by usage, as the law of New England, that

Commonwealth v. G.F.

479 Mass. 180 · Massachusetts Supreme Judicial Court · Mar 20, 2018

Some portion of the delay in this case clearly resulted from the Commonwealth's actions. … The petitioner's inability to receive SDP treatment pending trial clearly constituted prejudice. See Pariseau, 466 Mass. at 811.

Barbuto v. Advantage Sales and Marketing, LLC

477 Mass. 456 · Massachusetts Supreme Judicial Court · Jul 17, 2017

A qualified handicapped employee has a right under G. … established public policy."

Roosen v. Peter Bent Brigham Hospital

235 Mass. 66 · Massachusetts Supreme Judicial Court · Feb 26, 1920

That the defendant is a public charitable corporation established for the care of sick and indigent persons is not controverted. … The duty of selecting competent servants is no more clearly a duty personal to the master not susceptible of delegation than is the duty to provide safe machinery or to warn of hidden dangers.

Welch v. Haley

224 Mass. 261 · Massachusetts Supreme Judicial Court · May 19, 1916

The master found that the assessors of the town of Lexington were duly elected and qualified for the year 1905; that the assessment for that year was: “Name ‘ Broughton, Helen’ General Headings ‘Meagher lots’ Description … There was no evidence at the hearing before the master, outside the recitals in the deed, to establish or to contradict the facts therein stated.

Saab v. Massachusetts CVS Pharmacy, LLC

452 Mass. 564 · Massachusetts Supreme Judicial Court · Nov 13, 2008

We begin with a brief review of the act’s well-established purpose, focusing on its exclusivity provisions. … Cumberland Farms, Inc., 406 Mass. 615, 621 (1990) (workers’ com *568 pensation law provides fixed compensation for employees; employers are granted immunity in return).

Royce v. Commissioner of Correction

390 Mass. 425 · Massachusetts Supreme Judicial Court · Nov 10, 1983

However, the limits of such discretion are established by the rules and regulations promulgated by the Department of Correction. … The plaintiff contends that he has had no review to date and has been “warehoused” in the D.S.U. for over two years without any review. 9 Clearly, if these alleged facts are established by evidence, the plaintiff would be