Case law

Opinion of the Justices to the Senate

175 Mass. 599 · Massachusetts Supreme Judicial Court · Mar 28, 1900

Mead v. Acton, 139 Mass. 341 . Lowell v. Boston, 111 Mass. 454 . Freeland v. Hastings, 10 Allen, 570 . Loan Association v. Topeka, 20 Wall. 655 . Parkersburg v. Brown, 106 U. S. 487, 500, 501 . Cole v. La Grange, 113 U. … And although in Brown v.

City of Cambridge v. Hanscom

186 Mass. 54 · Massachusetts Supreme Judicial Court · May 20, 1904

If it had proceeded against the water board representing the Commonwealth, then the latter upon paying would have had an action of indemnity against; ,the defendants, because as between the defendants and the board the former … Hart v. Western Railroad, 13 Met. 99 . Wall v. Mason, 102 Mass. 313, 316 . It is urged, however, by the defendants, that the city met with no loss because the judgments were paid, not by it but by the Commonwealth.

Powers v. Building Inspector of Barnstable

363 Mass. 648 · Massachusetts Supreme Judicial Court · May 17, 1973

Board of Appeals of Reading, 333 Mass. 657 ; Chilson v. Zoning Bd. of Appeal of Attleboro, 344 Mass. 406 ; Garfield v. Board of Appeals of Rockport, 356 Mass. 37 . See also Simeone Stone Corp. v. … Board of Appeals of Bourne, 345 Mass. 188, 192-193 .

Bowes v. Inspector of Buildings of Brockton

347 Mass. 295 · Massachusetts Supreme Judicial Court · Apr 9, 1964

Williams v. Inspector of Bldgs. of Belmont, 341 Mass. 188, 190 . Hinves v. Commissioner of Pub. Works of Fall River, 342 Mass. 54, 57 . Under Gr. … Inspector of Bldgs. of Burlington v. Murphy, 320 Mass. 207, 208, 210 . Connors v. Burlington, 325 Mass. 494, 495, 496 . Planning Bd. of Reading v. Board of Appeals of Reading, 333 Mass. 657, 660 . Simeone Stone Corp. v.

Boston Elevated Railway Co. v. Metropolitan Transit Authority

323 Mass. 562 · Massachusetts Supreme Judicial Court · Jan 4, 1949

They were empowered to appoint and remove in their discretion all officers save the board of directors (§ 2). … public control act, “and shall act in their stead . . . and thereupon the term of the present board of trastees . . . shall terminate.”

Lack v. McMahon

254 Mass. 484 · Massachusetts Supreme Judicial Court · Jan 22, 1926

Scanlon v. United Cigar Stores, 228 Mass. 481 . Morong v. Spofford, 218 Mass. 50 . Gaffney v. Brown, 150 Mass. 479 . Benton v. Watson, 231 Mass. 582 . Judgment for defendant on the verdict.

Commonwealth v. Gomes

483 Mass. 123 · Massachusetts Supreme Judicial Court · Sep 13, 2019

"Our primary duty in interpreting a statute is 'to effectuate the intent of the Legislature in enacting it.' " Commonwealth v. Brown , 479 Mass. 600 , 606, 97 N.E.3d 349 (2018), quoting Sheehan v. … Supply Co ., 481 Mass. at 790 , 119 N.E.3d 735 , quoting *1240 Volin v. Board of Pub.

Boston Penny Savings Bank v. Assessors of Boston

314 Mass. 599 · Massachusetts Supreme Judicial Court · Oct 8, 1943

Bigelow v. Willson, 1 Pick. 485 , 495. Bemis v. Leonard, 118 Mass. 502, 509 . Corey v. National Ben Franklin Fire Ins. Co. 284 Mass. 283, 286 . … Appeals to Appellate Tax Board dismissed.

Keith v. de Bussigney

179 Mass. 255 · Massachusetts Supreme Judicial Court · Jun 17, 1901

One is that suggested by the cases of Whiting v. Sullivan, 7 Mass. 107 , Earle v. Coburn, 130 Mass. 596 , and Putnam v. Glidden, 159 Mass. 47 . … Collins v. Delaporte, 115 Mass. 159, 162 . Clark v. Marsiglia, 1 Denio, 317 . Danforth v. Walker, 37 Vt. 239 . Allen v. Jarvis, 20 Conn. 38 . Cort v. Ambergate Railway, 17 Q. B. 127.

Bleistine v. City of Chelsea

204 Mass. 105 · Massachusetts Supreme Judicial Court · Jan 6, 1910

Olson v. Worcester, 142 Mass. 536, 537 . Fleming v. Springfield, 154 Mass. 520 . Campbell v. Boston, 189 *109 Mass. 7 . … Post v. Boston, 141 Mass. 189 . Campbell v. Boston, 189 Mass. 7 . Harrigan v. Worcester, 198 Mass. 354 . Winship v. Boston, 201 Mass. 273 .

Blanchard v. Ely

179 Mass. 586 · Massachusetts Supreme Judicial Court · Oct 17, 1901

See Wilson v. Trenton, 16 L. R. A. 200 ; Burdett v. Lewis, 7 C. B. (N. S.) 791; Shoemaker v. Mechanics' Bank, 59 Penn. St. 79; Walters v. Brown, 15 Md. 285, 292 . Exceptions overruled.

Skillings v. Collins

224 Mass. 275 · Massachusetts Supreme Judicial Court · May 19, 1916

Bassett v. … Bassett v. Brown, supra. The request that a verdict should be ordered for the defendant Collins should have been given. * And in each case the entry must be Exceptions sustained.

Seideman v. City of Newton

452 Mass. 472 · Massachusetts Supreme Judicial Court · Oct 24, 2008

Newton’s community preservation committee recommended to the board of aldermen of Newton (board) that CPA funds be appropriated in accordance with the application. … of such land to another board or officer for another municipal purpose); Harris v.

Walsh v. Lowell Trust Co.

245 Mass. 455 · Massachusetts Supreme Judicial Court · May 28, 1923

Melledge v. Boston Iron Co. 5 Cush. 158 , 178, 179. National Security Bank v. Cushman, 121 Mass. 490 . Rogers v. American Halibut Co. 216 Mass. 227 . Hewitt v. Boston Straw Board Co. 214 Mass. 260, 264 . … Hewett v. Boston Straw Board Co. 214 Mass. 260, 263 . It is a question of fact on all the evidence. Jacobs v. Saperstein, 225 Mass. 300, 301 .

Van Camp Hardware & Iron Co. v. Plimpton

174 Mass. 208 · Massachusetts Supreme Judicial Court · Sep 7, 1899

Provisions and other perishable cargo had been laden on board the steamship before the service of the writ, and cattle were on the wharf ready to be laden on board, which would have suffered great damage by any delay in sailing … . ■ Burlingame v. Bell, 16 Mass. 318, 324 . Grant v. Shaw, 16 Mass. 341, 344 . Curtis v. Norris, 8 Pick. 280 .

Henry v. Mansfield Beauty Academy, Inc.

353 Mass. 507 · Massachusetts Supreme Judicial Court · Jan 5, 1968

Lubell v. First Natl. Stores, Inc. 342 Mass. 161 . Newgent v. Colonial Contractors & Builders, Inc. 348 Mass. 582 . See S. Albertson Co. Inc. v. Great No. Ry. 342 Mass. 326 . … McCarthy v. National Assn. for Stock Car Auto Racing, Inc. 48 N. J. 539, 543. See Boyd v. Smith, 372 Pa. 306, 309-310 . See also Weirick v.

Coughlin v. McGrath

295 Mass. 499 · Massachusetts Supreme Judicial Court · Oct 28, 1936

Mullen v. Byrd, 154 Miss. 215, 220, 221 . Hogue v. Minnesota Packing & Provision Co. 59 Minn. 39, 43, 44 . Gwynne v. Goldware, 102 Neb. 260, 264 . Fortunato v. Patten, 147 N. Y. 277, 281, 282 . Brewster v. … Carnig v. Carr, 167 Mass. 544, 547, 548 .

Whalen v. City Forester

279 Mass. 287 · Massachusetts Supreme Judicial Court · May 20, 1932

‘The several heads of the departments, boards and commissions, shall, with the approval of the mayor make appointments of officers and employees whose appointments are not otherwise provided for.’” In Peckham v. … McLaughlin v. Mayor of Cambridge, 253 Mass. 193, 199 . Yunitz v. Chelsea, 270 Mass. 179 . Whitney v. Judge of the District Court, 271 Mass. 448 .

Crowley v. J. C. Ryan Construction, Inc.

356 Mass. 31 · Massachusetts Supreme Judicial Court · May 8, 1969

And the change in grade was made without regard to any of the Crowleys’ rights which were already established under their deed and were unaffected by the planning board’s subsequent approval of Ryan’s plan. Toothaker v. … See Draper v. Varnerin, 220 Mass. 70 . For a discussion of the latter principle, see Geragosian v. Union Realty Co. 289 Mass. 104, 108-109 ; Lizzo v. Drukas, 333 Mass. 242, 243 ; Sheppard Envelope Co. v.

Commonwealth v. Egerton

396 Mass. 499 · Massachusetts Supreme Judicial Court · Jan 13, 1986

We address these contentions in turn. *507 In Commonwealth v. Brown, 11 Mass. App. Ct. 288 (1981), the Appeals Court outlined what we termed in Commonwealth v. … Brown, supra at 296-297 . The Commonwealth clearly established three of the four foundational elements required under Brown .