Case law

Hurley v. Kolligian

333 Mass. 170 · Massachusetts Supreme Judicial Court · Nov 4, 1955

[the ordinance], but not otherwise. ” Relying heavily on Brackett v. Board of Appeal of Boston, 311 Mass. 52 , the plaintiff argues that there was no hardship of the sort mentioned in § 30. … the entry of the decree send an attested copy thereof to the board and to the superintendent of buildings of Cambridge.

Bushell v. Mayor of Malden

260 Mass. 476 · Massachusetts Supreme Judicial Court · Jul 1, 1927

Mayor of Somerville v. Justices of the Police Court of Somerville, 220 Mass. 393, 396 , and cases there cited. Rich v. Mayor of Malden, 252 Mass. 213, 217 . … Daly v. Mayor of Medford, 241 Mass. 336, 339 , and cases there collected. Exceptions sustained.

Barrett v. Murphy

140 Mass. 133 · Massachusetts Supreme Judicial Court · Oct 22, 1885

Leonard v. … The plan made in 1872 by Brown was admissible, in the discretion of the court, as showing the situation of the land. Paine v. Woods, 108 Mass. 160, 168 .

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 .

Stewart v. Thayer

168 Mass. 519 · Massachusetts Supreme Judicial Court · May 24, 1897

Miner v. Bradley, 22 Pick. 457 ,459. Clark v. Baker, 5 Met. 452 . Morse v. Brackett, 98 Mass. 205 . Mansfield v. Trigg, 113 Mass. 350, 353 . Handy v. St. Paul Globe Pub. Co. 41 Minn. 188 . McClanathan v. … Hazard v. Day, 14 Allen, 487 . Myers v. Meinrath, 101 Mass. 366 . Such a contract is absolutely void and cannot be ratified. Day v. McAllister, 15 Gray, 433 . Stevens v. Wood, 127 Mass. 123 .

Rival's Case

383 Mass. 172 · Massachusetts Supreme Judicial Court · Mar 13, 1981

Industrial Accident Board. … Hogan, Inc. v. Atlantic Corp., 332 Mass. 322, 327 (1955).

Manufacturing Improvement Corp. v. Georgia Pacific Corp.

362 Mass. 398 · Massachusetts Supreme Judicial Court · Jul 31, 1972

Brown v. Neelon, 335 Mass. 357, 359 . 1. In our view the allegations of the bill are too vague and uncertain to comply with the requirement of G. … ‘Averments of crucial facts in a pleading should be clear, direct and unequivocal.’ ” Brown v. Neelon, supra, 361 .

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 .

Kerrigan v. Fortunato

304 Mass. 617 · Massachusetts Supreme Judicial Court · Dec 29, 1939

Jaquith v. Massachusetts Baptist Convention, 172 Mass. 439 . … Barron v. International Trust Co. 184 Mass. 440, 443 . “Generally the question of fraud is one of fact. It must be proved.” Brown v. Little, Brown & Co. (Inc.) 269 Mass. 102, 117 .

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).

Hachadourian's Case

340 Mass. 81 · Massachusetts Supreme Judicial Court · Dec 11, 1959

findings could have been made by the board. … [V¡ doctor was medically sound.” “A decision upon the question of causation was one of fact, resting entirely upon medical knowledge and within the province of the board to determine.

Keaney's Case

341 Mass. 571 · Massachusetts Supreme Judicial Court · Dec 29, 1960

The reviewing board found the following facts. The deceased was employed by Consolidated as an assistant crane engineer. … See Coughlan v. Cambridge, 166 Mass. 268, 277-278 ; Shepard v. Jacobs, 204 Mass. 110, 112-114 .

Downing v. Cunningham

256 Mass. 285 · Massachusetts Supreme Judicial Court · Jun 2, 1926

Haskell v. Merrill, 179 Mass. 120 . The history of the “Ponzi fraud” in 1919 and 1920 has been set forth sufficiently in previous decisions and need not be repeated here. See Cunningham v. Brown, 265 U. … A like rule is found in Knatchbull v. Hallett, L. R. 13 Ch. D. 696, of which as applied to the “Ponzi fraud” the court in Cunningham v. Brown, 265 U.

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 .

Allen v. Town of Plymouth

313 Mass. 356 · Massachusetts Supreme Judicial Court · Mar 4, 1943

local board involved and had to be complied with by it. … See Hinckley v. Barnstable, 311 Mass. 600, 605 . Compare Hawkes v. Lackey, 207 Mass. 424, 432, 433 . Under the old age assistance law, the action of the local board was not necessarily final.

Dupuis v. Reed

289 Mass. 365 · Massachusetts Supreme Judicial Court · Jan 30, 1935

Kelley v. Peabody Board of Health, 248 Mass. 165 . Harper v. Board of Appeal of Boston, 271 Mass. 482, 483 . … .” *368 Larcom v. Olin, 160 Mass. 102, 110 . The present case, on this point, cannot be distinguished in principle from Bauer v.

Commonwealth v. McGann

213 Mass. 213 · Massachusetts Supreme Judicial Court · Jan 2, 1913

Lastly, the defendants have insisted that Wyeth v. Cambridge Board of Health, 200 Mass. 474 , is a decision which supports their contention that R. … to any person or persons who have not been registered and received a certificate from the State board of registration in embalming; ” (second) that the respondent board of health of Cambridge, having refused to issue to the

Koleshinski v. David

328 Mass. 276 · Massachusetts Supreme Judicial Court · Jan 9, 1952

The plaintiff in leaving his home on March 3, 1947, stepped on a board which broke off four or five inches from the front end and the rest of the board was split. The jury could find that Dr. … Feeley v. Doyle, 222 Mass. 155 . Cleary v. Union Realty Co. 300 Mass. 312, 313 . Diamond v. Simcovitz, 310 Mass. 150, 153 . Blood v. Dewey, 318 Mass. 79, 84 .

Associated Testing Laboratories, Inc. v. Commissioner of Revenue

429 Mass. 628 · Massachusetts Supreme Judicial Court · Jun 10, 1999

The board’s citation to Arizona Dep’t of Revenue v. Sonee Heat Treating Corp., 178 Ariz. 278 (1994) (construing Ariz. Rev. Stat. § 42-1409 [B] [1], renumbered as § 42-5159 [B] [1]), and Pledger v. … The taxpayer urges the court not to defer to the board’s factual findings because the board member who conducted the hearing did not participate in the decision. Contrast Kennametal, Inc. v.

Page v. Commercial Travellers' Eastern Accident Ass'n

225 Mass. 335 · Massachusetts Supreme Judicial Court · Dec 6, 1916

November 25, 1912, the board of directors by letter advised the beneficiary that her claim was disallowed, “as proofs filed at this office on November 6th, 1912, are not satisfactory to this Board. … Traiser v. Commercial Travellers’ Eastern Accident Association, 202 Mass. 292 . The exceptions are sustained and judgment must be entered for the defendant under St. 1909, c. 236. So ordered.