Case law

Quintal v. Commissioner of the Department of Employment & Training

418 Mass. 855 · Massachusetts Supreme Judicial Court · Nov 16, 1994

The board is the sole finder of the facts. Guarino v. Director of the Div. of Employment Sec., 393 Mass. 89, 92 (1984). … Since the board adopted the findings of the review examiner, we consider the review examiner’s findings to be the findings of the board. Moore v.

William F. Sullivan & Co. v. Commissioner of Revenue

413 Mass. 576 · Massachusetts Supreme Judicial Court · Nov 3, 1992

There is no dispute regarding the board’s findings of fact. The sole question is whether the board erred, as a matter of law, in concluding that Sullivan was not engaged in manufacturing. Franki Found. Co. v. … In Assessors of Boston v.

Dewey v. Boston Elevated Railway Co.

217 Mass. 599 · Massachusetts Supreme Judicial Court · May 22, 1914

He left that place and went upon the running board in obedience to an order from the conductor, and it could be found that this was not negligent conduct. … Gardner v. Boston Elevated Railway, 204 Mass. 213 . Glennen v. Boston Elevated Railway, 207 Mass. 497, 498 . Savageau v. Boston & Maine Railroad, 210 Mass. 164, 168 . Donahoe v. Boston Elevated Railway, 214 Mass. 70 .

Commonwealth v. Freiberg

405 Mass. 282 · Massachusetts Supreme Judicial Court · Jul 6, 1989

Brown, 395 Mass. 604 (1985), or Commonwealth v. Ptomey, 26 Mass. App. Ct. 491 (1988), indicates that there is a fundamental right to peremptory challenges. … See Brown, supra at 606; Ptomey, supra at 495-496 .

Willard v. Lavender

147 Mass. 15 · Massachusetts Supreme Judicial Court · May 4, 1888

After the decision in Brown v. Corey, 134 Mass. 249 , this was amended by inserting after the word “ costs ” the words “ and expenses.” St. 1884, c. 131. … Conant v. Kendall, 21 Pick. 36 . Hicks v. Chapman, 10 Allen, 463 .

Mailloux's Case

328 Mass. 592 · Massachusetts Supreme Judicial Court · Apr 7, 1952

See Roch-ford’s Case, 234 Mass. 93 ; Roberts’s Case, 284 Mass. 316 ; DiLauro v. Bassetti, 133 Conn. 642 ; Shedlock v. Cudahy Packing Co. 134 Conn. 672 ; Hill v. … Liberty Motor & Engineering Corp. 185 Md. 596 ; Rothfarb v. Camp Awanee, Inc. 116 Vt. 172 .

Wells v. Commissioner of Public Works

253 Mass. 416 · Massachusetts Supreme Judicial Court · Oct 15, 1925

city physician, an overseer of the poor, and a board of license commissioners. … Latime v. Hunt, 196 Mass. 261 . Smith v. Mayor of Haverhill, 187 Mass. 323 . Logan v. Mayor & Aldermen of Lawrence, 201 Mass. 506 . Attorney Generalv. Tillinghast, 203 Mass. 539, 541 . Gardner v. Lowell, 221 Mass. 150 .

Sigel v. Sigel

238 Mass. 587 · Massachusetts Supreme Judicial Court · May 28, 1921

Edgerly v. Edgerly, 112 Mass. 175 . Pollock v. Pollock, 223 Mass. 382, 384 . … Brown v. Hallgreen, 237 Mass. 293 , and cases cited. The only evidence tending to show that there was a resulting trust, came from the plaintiff.

Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.

208 Mass. 593 · Massachusetts Supreme Judicial Court · May 18, 1911

Blackwood v. Brown, 34 Mich. 4 . State v. Dougherty, 45 Mo. 294 . Griffin v. Levee Commissioners, 71 Miss. 767 . Norfolk & Western Railroad v. Nunnally, 88 Va. 546 . Rogers v. Hoskins, 15 Ga. 270 . Gilmore v. … Martin Brown Co. 74 Texas, 522 ; Grider v. Apperson Co. 32 Ark. 332 ; Chamberlain v. Eckert, 2 Biss. 124 ; Moore v. Hopkins, 83 Cal. 270 ; Dyer v. Scalmanini, 69 Cal. 637 ; Porter v. Kingsbury, 77 N.

Murphy v. City of Lowell

128 Mass. 396 · Massachusetts Supreme Judicial Court · Feb 27, 1880

As there is no suggestion of any irregularity in the formal preliminary proceedings of the board of aldermen, it must be inferred that, in the construction of the sewer in question, the defendant was acting under this general … Emery v. Lowell, 104 Mass. 13 , and cases cited.

Troeder v. Hyams

153 Mass. 536 · Massachusetts Supreme Judicial Court · May 19, 1891

Clark v. Brown, 120 Mass. 206 . Thus limited, the defendant’s offer was immaterial. It added nothing to what was established. … Walker v. Brooks, 125 Mass. 241, 247, 248 . Moreover, he had a right to sue at any time within twenty years. Rockwood v. Brown, 1 Gray, 261 .

Fallon v. Street Commissioners

309 Mass. 244 · Massachusetts Supreme Judicial Court · May 28, 1941

The respondent board notified him on May 28, 1940, that a public hearing would be held on June 6, 1940, on the revocation of his license. … The petitioner was seasonably notified of and attended the hearing before the respondent board.

Bernstein v. Shain

263 Mass. 188 · Massachusetts Supreme Judicial Court · Mar 27, 1928

If it be assumed that such a sale is not void, but is merely voidable, see People’s Savings Bank v. Wunderlich, 178 Mass. 453 ; Brown v. Wentworth, 181 Mass. 49 ; Chace v. … v.

New England Box Co. v. C & R Construction Co.

313 Mass. 696 · Massachusetts Supreme Judicial Court · May 3, 1943

Real Properties, Inc. v. Board of Appeal of Boston, 311 Mass. 430, 433-435 . The members of a public *702 board cannot act separately as individuals. Carbone, Inc. v. Kelly, 289 Mass. 602, 605 . … Slavski, 245 Mass. 405, 415-417 ; Dyer v. Scott, 253 Mass. 430, 432 ; Hurley v. Board of Public Welfare of Lynn, 310 Mass. 285 ; Hobart v. Commissioner of Corporations & Taxation, 311 Mass. 341, 347, 349 .

Treasurer of Rowley v. Town of Rowley

393 Mass. 1 · Massachusetts Supreme Judicial Court · Sep 10, 1984

Graton v. Cambridge, 259 Mass. 310, 314 (1927). Other authorities hold the same view. See 15 E. … The purpose of the bond, however, is to protect against unlawful appropriation of funds by a treasurer, or payments of funds in the absence of authorization of the proper municipal officials, as in Lowell v.

Beaudette's Case

314 Mass. 728 · Massachusetts Supreme Judicial Court · Oct 29, 1943

See Hogan v. Metropolitan Life Ins. … The decree is reversed, and the case is to be recommitted to the Industrial Accident Board for further proceedings consistent with this opinion. Ordered accordingly.

Burt v. Tucker

52 L.R.A. 112 · Massachusetts Supreme Judicial Court · Apr 4, 1901

Royal Baking Powder Co. v. Raymond, 70 Fed. Rep. 376, 380. Mouson v. Boehm, 26 Ch. D. 398. Julian v. Hoosier Drill Co. 78 Ind. 408,412 . Browne, Trade-marks, § 680. … Mouson v. Boehm, 26 Ch. D. 398, 407, 408. Levy v. Waitt, 61 Fed. Rep. 1008. Julian v. Hoosier Drill Co. 78 Ind. 408, 412 . In the cases and text-books intent is assumed to be important. Browne, Trade-marks, § 681.

State Tax Commission v. Colbert

344 Mass. 494 · Massachusetts Supreme Judicial Court · Jun 7, 1962

The facts which are undisputed are set forth in the findings of the board. … Kinney v. Treasurer & Recr. Gen. 207 Mass. 368, 371 . Peabody v. Treasurer & Recr. Gen. 215 Mass. 129,131 . Baker v. Commissioner of Corps. & Taxn. 253 Mass. 130, 138 .

Bemis v. Wilder

100 Mass. 446 · Massachusetts Supreme Judicial Court · Nov 15, 1868

Shattuck v. Lovejoy, 8 Gray, 204 . Taylor Landl. & Ten. § 412. … Smith v. Putnam, 3 Pick. 221 . Taylor Landl, & Ten. § 408. No record of the assignment to the plaintiffs was necessary as against the defendant.

Cooper v. Lovering

106 Mass. 77 · Massachusetts Supreme Judicial Court · Nov 15, 1870

Small v. Atwood, Younge, 407, 461. Brown v. Castles, 11 Cush. 348 . Stone v. Denny, 4 Met. 151 . … Hemmer v. Cooper, 8 Allen, 334 . Manning v. Alhee, 11 Allen, 520 . Mooney v. Miller, 102 Mass. 217 .