Case law

Barry v. Smith

191 Mass. 78 · Massachusetts Supreme Judicial Court · Mar 3, 1906

We have been referred to no case, in which it has been held that a board of health although personally negligent was liable. See, however, in this connection Aaron v. Broiles, 64 Tex. 316 . … Todd, 188 Mass. 301, 304 , and Cowley v. Newmarhet Local Board, [1892] A. C. 345; Municipal Council of Sydney v. Bourke, [1895] A. C. 433, 442.

Garabedian v. Worcester Consolidated Street Railway Co.

225 Mass. 65 · Massachusetts Supreme Judicial Court · Oct 10, 1916

The case is governed by Mills v. Powers, 216 Mass. 36 , Kyle v. Boston Elevated Railway, 215 Mass. 260 , Walukewich v. Boston & Northern Street Railway, 215 Mass. 262 , Russo v. Charles S. … Brown Co. 198 Mass. 473 , Murphy v. Boston Elevated Railway, 188 Mass. 8 , Holian v. Boston Elevated Railway, 194 Mass. 74 , O’Brien v. Boston Elevated Railway, 217 Mass. 130 , Godfrey v.

Crudden v. Superintendent of Schools

319 Mass. 686 · Massachusetts Supreme Judicial Court · Jun 4, 1946

The board, for reasons which it considered sufficient, refused to approve the list prepared in accordance with the plan of rating previously adopted by the school committee, and voted “that Block V., Teaching Ability, be … Taylor v. McPheters, 111 Mass. 351 . Alger v. Seaver, 138 Mass. 331 . Massachusetts Agricultural College v. Marden, 156 Mass. 150 . Hartigan v. Civil Service Commissioners, 252 Mass. 323 . Liberty Mutual Ins. Co. v.

Town of Manchester v. Leahy

336 Mass. 158 · Massachusetts Supreme Judicial Court · Jun 3, 1957

Cases like Connors v. Burlington, 325 Mass. 494, 495-496 , and Planning Board of Reading v. … structure” or (b) with a substantial structure like that considered in Wilbur v.

McGovern v. City of Salem

214 Mass. 358 · Massachusetts Supreme Judicial Court · May 20, 1913

[board] . . ., and unless the claim for the same, when so ordered, is presented to the . . . [board] . . . before the fifth day of the month following that during which such specific order is complied with.” … The case differs materially from Boyle v. Agawam Canal Co. 22 Pick. 381, cited by the defendant.

Donlan's Case

317 Mass. 291 · Massachusetts Supreme Judicial Court · Nov 30, 1944

There was nothing to prevent the board from believing the evidence just recited. … Wiemert v. Boston Elevated Railway, 216 Mass. 598 . Brightman’s Case, 220 Mass. 17, 20 . Fisher’s Case, 220 Mass. 581 . Madden’s Case, 222 Mass. 487 . Colantueno’s Case, 275 Mass. 1, 3-4 . Griffin’s Case, 315 Mass. 71 .

Oznemoc, Inc. v. Alcoholic Beverages Control Commission

412 Mass. 100 · Massachusetts Supreme Judicial Court · Mar 2, 1992

Alsabti v. Board of Registration in Medicine, 404 Mass. 547, 549 (1989), quoting New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 466 (1981). … Gurry v. Board of Pub. Accountancy, 394 Mass. 118, 130 (1985). The provisions of G.

Koontz v. Baltimore & Ohio Railroad

220 Mass. 285 · Massachusetts Supreme Judicial Court · Feb 26, 1915

Brown v. Floersheim Mercantile Co. 206 Mass. 373 . Rosenbush v. Bernheimer, 211 Mass. 146 . See also Sts. 1905, c. 324; 1910, c. 214, §§ 23, 24; c. 559, § 3. … Brown v. Floersheim Mercantile Co. 206 Mass. 373, 376 . And if this precaution is not taken it would be answerable for their value, but not to exceed the amount of the judgment. R. L. c. 189, §§ 57-65. Cornell v.

Peckham v. Mayor of Fall River

253 Mass. 590 · Massachusetts Supreme Judicial Court · Nov 23, 1925

Boucher v. Salem Rebuilding Commission, 225 Mass. 18 . Lawrence v. Board of Registration in Medicine, 239 Mass. 424, 427 . Mandamus is not a writ of right. … Tucker v. Boston, 223 Mass. 478, 480 . Connell v. Board of Public Works of Everett, 234 Mass. 491, 492 . Moloney v.

Howland v. ACTING SUPT. OF BLDGS. & INSP. OF BLDGS.

328 Mass. 155 · Massachusetts Supreme Judicial Court · Nov 30, 1951

Whether the board could have granted such variance is another matter. See Everpure Ice Manuf. Co. Inc. v. Board of Appeals of Lawrence, 324 Mass. 433, 438 , and cases cited. … In so far as it relates to the board of appeal it should be amended to agree with the form set forth in Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 228 . So ordered.

Hamilton v. Boston & Northern Street Railway Co.

193 Mass. 324 · Massachusetts Supreme Judicial Court · Jan 1, 1907

See Spooner v. Old Colony Street Railway, 190 Mass. 132 . … It was the duty of the conductor to ascertain whether the plaintiff had boarded the car and had got in such position as to make it safe to start. Gordon v. West End Street Railway, 175 Mass. 181 .

McCarthy v. Woburn Housing Authority

341 Mass. 539 · Massachusetts Supreme Judicial Court · Dec 7, 1960

On December 31, 1952, a *540 contract for State financial assistance was signed by the State Housing Board guaranteeing the notes to be issued by the tenant to finance the project. … Bell v. Treasurer of Cambridge, 310 Mass. 484, 489 . Berube v. Selectmen of Edgar-town, 336 Mass. 634, 639 . See Abbott v. New York & N. E. R.R. 145 Mass. 450, 451 .

Morrow v. Wheeler & Wilson Manufacturing Co.

165 Mass. 349 · Massachusetts Supreme Judicial Court · Feb 28, 1896

Kidder v. Parhhurst, 3 Allen, 393 . … Barker v. Stetson, 7 Gray, 53 . Coupal v. Ward, 106 Mass. 289 . Mullen v. Brown, 138 Mass. 114 . Langford v. Boston & Albany Railroad, 144 Mass. 431 .

Dos Santos v. City of Peabody

327 Mass. 519 · Massachusetts Supreme Judicial Court · Jun 27, 1951

Continental Construction Co. v. Lawrence, 297 Mass. 513, 516 . Cerwonka v. Saugus, 316 Mass. 152, 154 . Anchor Steel Co. v. Granville, 318 Mass. 688, 691 . … The charter, however, calls for approval “of the department or board making the contract." Its terms must govern if there is any conflict with § 4 of c. 40. Clarke v. Fall River, 219 Mass. 580, 583 .

Holcombe v. Creamer

231 Mass. 99 · Massachusetts Supreme Judicial Court · Sep 18, 1918

Cambridge Board of Health, 200 Mass. 474,478 . O’Keeffe v. Somerville, 190 Mass. 110 . Gleason v. McKay, 134 Mass. 419 . Opinion of the Justices, 208 Mass. 619, 622 . Bogni v. Perotti, 224 Mass. 152 . … Nelson v. State Board of Health, 186 Mass. 330 . Binan v. Swig, 223 Mass. 516, 520 . It follows that the statute does not violate art. 30 of the Declaration of Rights. Boston v. Chelsea, 212 Mass. 127 .

Forbes v. Commonwealth

172 Mass. 289 · Massachusetts Supreme Judicial Court · Jan 4, 1899

Cary v. Daniels, 8 Met. 466 , 483. Clinton Gas Light Co. v. Fuller, 170 Mass. 82 . See Chase v. Sutton Manuf. Co. 4 Cush. 152 , 171; Staehpole v. Curtis, 32 Maine, 383; Gould, Waters, (2d ed.) § 344. … by the board in the name of the Commonwealth, until after the taking of the petitioner’s land.

Saunders v. City of Lowell

131 Mass. 387 · Massachusetts Supreme Judicial Court · Sep 6, 1881

In Haskell v. … Moore v. Boston, 8 Cush. 274 . See also Bennett v. New Bedford, 110 Mass. 433 ; Pitkin v. Springfield, 112 Mass. 509 ; Ætna Mills v. Waltham, 126 Mass. 422 -425. Verdict set aside.

City of Medford v. DiFilippo

347 Mass. 327 · Massachusetts Supreme Judicial Court · Apr 14, 1964

See Loriol v. Keene, 343 Mass. 358, 360 . Although the members of the planning board had not indorsed their approval on the subdivision plan (see G-. … See Opinion of the Justices, 297 Mass. 559, 564 ; Loosian v. Goudreault, 335 Mass. 253, 255-256 . Cf. Commonwealth v. Dobbins, 344 Mass. 272, 274-275 .

Barker v. Stetson

73 Mass. 53 · Massachusetts Supreme Judicial Court · Oct 15, 1856

Fisher v. McGirr, 1 Gray, 1 . Kelly v. Bemis, 4 Gray, 83 . Are the defendants also answerable, in the mrm of action which the plaintiff has adopted ? It is quite clear that they are not. … Brown v. Chapman, 6 C. B. 365. Carratt v. Morley, 1 Gale & Dav. 275, and 1 Ad. & El. N. R. 18. Cooper v. Harding, 7 Ad. & El. N. R. 928. West v. Smallwood, 3 M. & W. 418, and Horn & Hurlst. 117. Barber v.

Gorbatova v. First Assistant Clerk of the Supreme Judicial Court

463 Mass. 1019 · Massachusetts Supreme Judicial Court · Dec 3, 2012

A private individual may file a complaint with the board, or in this case the Committee on Professional Responsibility for Clerks of the Courts, and may be a witness in the proceedings before the board or committee, but he … See Brossard v. West Roxbury Div. of the Dist. Court Dep’t, 417 Mass. 183, 184 (1994); Mmoe v. Commonwealth, 393 Mass. 617, 619-620 (1985); International Fid. Ins. Co. v. Wilson, 387 Mass. 841, 847 (1983).