Case law

Boston Young Men's Christian Ass'n v. Royal Indemnity Co.

289 Mass. 391 · Massachusetts Supreme Judicial Court · Feb 5, 1935

Peoples National Bank v. New England Home, 209 Mass. 48, 50 . New Hampshire National Bank v. Garage & Factory Equipment Co. 267 Mass. 483, 486, 487 . … A contract of bailment cannot be imposed on a corporation unless an authorization or contract approved by the board of directors is shown. First National Bank of Lyons v. Ocean National Bank, 60 N. Y. 278, 293 .

Scofield v. Berman & Sons, Inc.

393 Mass. 95 · Massachusetts Supreme Judicial Court · Oct 3, 1984

See Druzik v. Board of Health of Haverhill, 324 Mass. 129, 138 (1949). “All rational presumptions are made in favor of the validity of [the] enactment.” Id. … See Linthicum v. Archambault, 379 Mass. 381, 388-389 (1979). The first complaint alleged only a violation of c. 15 and § 12 of the rent board’s regulation.

Nevins v. City of Fitchburg

47 L.R.A. 312 · Massachusetts Supreme Judicial Court · Nov 29, 1899

Assuming that the vote was .passed by the board of aldermen under this statute, the defendant concedes that if a board of public officers should decree that a sewer should be so constructed that it would discharge upon private … Thus in Hill 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.

Bartoni's Case

225 Mass. 349 · Massachusetts Supreme Judicial Court · Dec 14, 1916

This section in the original act, before the amendment, expressed in a crude way in connection with other parts of the act (see Part V, § 2) the idea that the board might adapt the relief afforded by the act to changed circumstances … The decree must be reversed and the case remanded to the Industrial Accident Board, where a motion may be made for further hearing and the exercise of the supervisory power of the board under Part III, § 12, as amended by

Bennett v. Corporation Finance Co.

258 Mass. 306 · Massachusetts Supreme Judicial Court · Jan 17, 1927

The board may delegate to such committee authority to exercise all the powers of the board while the board is not in session. … Edwards v. International Pavement Co. 227 Mass. 206, 212-214 . Smith v. Board of Water Commissioners, 38 Conn. 208 .

Town of Brookline v. Metropolitan District Commission

357 Mass. 435 · Massachusetts Supreme Judicial Court · May 5, 1970

Parks v. Mayor and Aldermen of Boston, 8 Pick. 218 , 225. Dwight v. City Council of Springfield, 4 Gray, 107 , 110, Dube v. Mayor of Fall River, 308 Mass. 12, 14 , and cases cited. … Byfield v. Newton, 247 Mass. 46, 57 . Bauer v. Mitchell, 247 Mass. 522, 528 . Needham v. County Commrs. of Norfolk, 324 Mass. 293, 296 . Jacobson v. Parks & Recreation Commn. of Boston, 345 Mass. 641, 644 .

Weiner v. DIRECTOR OF THE DIVISION OF EMPLOYMENT SEC.

327 Mass. 360 · Massachusetts Supreme Judicial Court · May 8, 1951

The District Court, on October 17, 1950, reversed the decision of the board of review denying benefits to the claimant. The director appealed to this court. Scola v. … On the merits, the findings of the board of review, if supported by any evidence, are conclusive. Wagstaff v. Director of the Division of Employment Security, 322 Mass. 664 . Rivers v.

Mayor of Cambridge v. Dean

300 Mass. 174 · Massachusetts Supreme Judicial Court · Apr 8, 1938

He has no written consent and permission from the board of health of Lincoln under G. L. (Ter. Ed.) c. Ill, § 151. … Salem v. Eastern Railroad, 98 Mass. 431, 442 . Taunton v. Taylor, 116 Mass. 254, 262 , and cases cited. Worcester Board of Health v. Tupper, 210 Mass. 378, 383 . Lexington v. Miskell, 260 Mass. 544, 546 . Swansea v.

Barre v. Epstein

299 Mass. 577 · Massachusetts Supreme Judicial Court · Mar 2, 1938

Her husband, with his fingers, broke off a board which imprisoned her leg. The board was described as “all rotted away, all worn” and black in color. The pieces of the board which were broken were “all crumpled up.” … Goodell v. Sviokcla, 262 Mass. 317 . The facts in the present case distinguish it from Berg v. Elder, 290 Mass. 540 , and Kirby v. Tirrell, 236 Mass. 170 .

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.

Estes v. City of Newton

241 Mass. 229 · Massachusetts Supreme Judicial Court · Apr 13, 1922

Seymour v. Carter, 2 Met. 520 . Driscoll v. Taunton, 160 Mass. 486, 494 , and cases cited. Howland v. Greenfield, 231 Mass. 147, 150 . … The board of aldermen can adopt any legal way so long as the assessment is reasonable and proportional. Sayles v. Board of Public Works of Pittsfield, 222 Mass. 93 . Cases like Lewis v.

Attorney General v. Lyons

220 Mass. 536 · Massachusetts Supreme Judicial Court · Mar 31, 1915

Its appropriate use is not to obtain a review of the decision of another board or tribunal as to a matter within its jurisdiction. The cases from Illinois upon which the petitioner relies, People v. … See Dean v. Healy, 66 Ga. 503 , and State v. Green, 112 Ind. 462 . That point, however, need not be decided.

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.

Commissioner of Revenue v. V. H. Blackinton & Co.

420 Mass. 259 · Massachusetts Supreme Judicial Court · May 8, 1995

Courier Citizen Co. v. Commissioner of Corps. & Taxation, 358 Mass. 563, 571 (1971), quoting Niagara Mohawk Power Corp. v. Wanamaker, 286 A.D. 446, 449 (N.Y. 1955), aff'd, 2 N.Y. 2d 764 (1956). … Commissioner of Revenue v. Fashion Affiliates, Inc., 387 Mass. 543, 544 (1982).

Fiske v. Tolman

124 Mass. 254 · Massachusetts Supreme Judicial Court · Mar 25, 1878

Strong v. Converse, 8 Allen, 557 . Drury v. Tremont Improvement Co. 13 Allen, 168 . … Pike v. Brown, 7 Cush. 133 Braman v. Dowse, 12 Cush. 227 . Jewett v. Draper, 6 Allen. 434. Furnas v. Durgin, 119 Mass. 500 . *257 In the case at bar, there is no such stipulation in the deed.

Boston Mutual Life Insurance v. Director of the Division of Employment Security

384 Mass. 807 · Massachusetts Supreme Judicial Court · Oct 30, 1981

See Director of the Div. of Employment Security v. Fingerman, 378 Mass. 461, 463 (1979). See G. L. c. 151A, § 41 (h). The board of review improperly made independent findings of fact. … This misunderstanding casts particular doubt on the reasoning of the decision of the board of review.

Milliken's Case

216 Mass. 293 · Massachusetts Supreme Judicial Court · Jan 8, 1914

R. 350, and Kelly v. Auchenlea Coal Co. 48 S. L. R. 768. … See also Wicks v. Dowell & Co. [1905] 2 K. B. 225. We find nothing in the other cases relied on by the dependent which calls for notice.

Lyndeborough Glass Co. v. Massachusetts Glass Co.

111 Mass. 315 · Massachusetts Supreme Judicial Court · Jan 15, 1873

Sherman v. Fitch, 98 Mass. 59 . But the defendants contend that the corporation had no power or authority to make this contract; that it was ultra vires, and therefore cannot be enforced. … Brown v. Winnisimmet Co. 11 Allen, 326 . Judgment for the plaintiffs.

Boston Police Superior Officers Federation v. City of Boston

414 Mass. 458 · Massachusetts Supreme Judicial Court · Mar 3, 1993

See Town Crier, Inc. v. … board).