Case law

Boston Safe Deposit & Trust Co. v. Park

307 Mass. 255 · Massachusetts Supreme Judicial Court · Nov 13, 1940

Old Colony Trust Co. v. Brown, 287 Mass. 177, 179 . … Old Colony Trust Co. v. Brown, 287 Mass. 177, 179 , and cases cited.

De Cordova v. Commissioner of Corporations & Taxation

314 Mass. 371 · Massachusetts Supreme Judicial Court · Jun 30, 1943

The taxpayer has appealed from a decision of the Appellate Tax Board denying his petition for abatement. … The board, however, has expressly found that the new shares did not represent the same interest in the same assets as did the old shares. The decision tif the board is '1 final as to findings of fact,” G. L. (Ter.

Leonard v. Town of Brimfield

423 Mass. 152 · Massachusetts Supreme Judicial Court · Jul 11, 1996

As required by the town’s zoning by-law, the plaintiff applied to the zoning board of appeals (board) for a special permit to build on her land as it was located in an area designated as a flood plain zone. … The validity of the board’s enforcement of this zoning bylaw has been adjudicated.

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.

Cochran v. Goodell

131 Mass. 464 · Massachusetts Supreme Judicial Court · Oct 20, 1881

Lowe v. Morgan, 1 Bro. Ch. 368, and Belt’s note. Palmer v. Carlisle, 1 Sim. & Stu. 423. 1 Dan. Ch. Pract. (5th Am. ed.) 212. Johnson v. Brown, 11 Foster, 405 . Noyes v. Barnet, 57 N. H. 605. … Palmer v. Fowley, 5 Gray, 545 . Doten v. Hair, 16 Gray, 149 . Cronin v. Hazletine, 3 Allen, 324 . Kilborn v. Robbins, 8 Allen, 466 . 2d.

Southworth v. Edmands

9 L.R.A. 118 · Massachusetts Supreme Judicial Court · Sep 5, 1890

Snow v. Sheldon, 126 Mass. 332 . Arnold v. Spurr, 130 Mass. 347, 349 . Wheaton v. Trimble, 145 Mass. 345 . Jefferds v. Alvard, 151 Mass. 94 . In Plaisted v. … Lynde v. Brown, 143 Mass. 337 . The fact for which it stands is fraught with important possible consequences.

In re Grossman

448 Mass. 151 · Massachusetts Supreme Judicial Court · Jan 2, 2007

, and those of the board itself. 4. … In only one case, Hayes v. Alabama State Bar, 719 So. 2d 787, 790-791 (Ala. 1998), did an unexplained prosecutorial delay lead to the dismissal of disciplinary charges.

Whelan v. Exchange Trust Co.

214 Mass. 121 · Massachusetts Supreme Judicial Court · Feb 27, 1913

Soutter, the owner of the premises, to the defendant trust company, and, after maturity, assigned by it to the defendant Brown and by him to the defendant Conant. … Clark v. Reed, 11 Pick. 446 . Pratt v. Bacon, 11 Pick. 494 . Miller v. Lincoln, 6 Gray, 556 . The decree dismissing the bill when thus modified is affirmed, with costs of the appeal. Ordered accordingly.

Herrick's Case

217 Mass. 111 · Massachusetts Supreme Judicial Court · Feb 27, 1914

Wilber v. New England Order of Protection, 192 Mass. 477 . Morena v. Winston, 194 Mass. 378, 383 . As to all questions of fact, the findings of the Industrial Accident Board are conclusive. Pigeon’s Case, 216 Mass. 51 . … The board well might base its conclusions upon the facts as they were and not upon what might have been the case if her sense of filial duty had been weaker.

Leeds v. Wheeler

157 Mass. 67 · Massachusetts Supreme Judicial Court · Jun 24, 1892

Nickerson v. Loud, 115 Mass. 94 . First African Methodist Episcopal Society v. Brown, 147 Mass. 296 . Bill dismissed, without costs.

Kendall v. Worcester Consolidated Street Railway Co.

234 Mass. 66 · Massachusetts Supreme Judicial Court · Nov 24, 1919

Although it could have been found that the plaintiff was injured while attempting to board the car after it had come to a stop at its terminus, there was evidence that he attempted to board it immediately after it had come … Lockwood v. Boston Elevated Railway, 200 Mass. 537 . See Lauchtamacher v. Boston Elevated Railway, 214 Mass. 103 . Exceptions overruled.

Eklon v. City of Chelsea

223 Mass. 213 · Massachusetts Supreme Judicial Court · Mar 3, 1916

Doubtless, under some' circumstances, a physical seizure of private property may constitute a taking under the power of eminent domain, Bryant v. … Higginson v. Treasurer & School House Commissioners of Boston, 212 Mass. 583, 591 .

Strogoff v. Motor Sales Co.

302 Mass. 345 · Massachusetts Supreme Judicial Court · Feb 6, 1939

Evans v. Rice, 238 Mass. 318, 320 . Pierce v. Hutchinson, 241 Mass. 557, 564 . McDonald v. Dundon, 242 Mass. 229 . Brown v. Alter, 251 Mass. 223 . Capano v. Melchionno, 297 Mass. 1, 10 . … Fitzwater v. Fassett, 199 Penn. St. 442. Fordson Coal Co. v. Kentucky River Coal Corp. 69 Fed. (2d) 131. Am. Law Inst. Restatement: Torts, § 158, comments h and i. See Brown v. Perkins, 1 Allen, 89 .

Burrows v. Purple

107 Mass. 428 · Massachusetts Supreme Judicial Court · Sep 15, 1871

Parsons v. Parsons, 9 N. H. 309. Whittier v. Whittier, 11 Foster, 452 . Buckminster v. Buckminster, 38 Verm. 248 . Sanford v. Sanford, 5 Day, 353 . Lyon v. Lyon, 21 Conn. 185 . Piatt v. Piatt, 9 Ohio, 37. Hedrick v. … Orrok v. Orrok, Livermore v. Boutelle , and Chase v. Chase , above cited. French v. French, 4 Mass. 587 . Slade v. Slade, 106 Mass. 499 .

Poland v. Brownell

131 Mass. 138 · Massachusetts Supreme Judicial Court · Apr 8, 1881

Brown v. Castles, 11 Cush. 348 , 350. Mooney v. Miller, 102 Mass. 217 . Parker v. Moulton, 114 Mass. 99 . The representations relating to the goods sold were made by the defendant himself. … Gordon v. Parmelee, 2 Allen, 212 . Pike v. Fay, 101 Mass. 134 . Parker v. Moulton, 114 Mass. 99 .

Ayers v. Ratshesky

213 Mass. 589 · Massachusetts Supreme Judicial Court · Feb 25, 1913

Brown, being absent from the Commonwealth at the time of the trial, by agreement a statement of what his testimony would be, if he were present, was read to the jury. … Brown of Boston” was convicted on January 27, 1909, of operating an automobile while under the influence of intoxicating liquor and was fined $25.

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.

Sawyer's Case

315 Mass. 75 · Massachusetts Supreme Judicial Court · Nov 30, 1943

the reviewing board. … Lindsey v. Loebel, 276 Mich. 242 . Royal Indemnity Co. v. Hogan, 4 S. W. (2d) 93 (Tex. Civ. App.).

Lowe v. Harwood

139 Mass. 133 · Massachusetts Supreme Judicial Court · Mar 25, 1885

Newcomb v. Brackett, 16 Mass. 161 . Buttrick v. Holden, 8 Cush. 233 . See also Farrington v. Hodgdon, 119 Mass. 453, 458 . … See Brown v. Davis, 138 Mass. 458 . But apart from the conveyance, and it would seem before it was made, although the date is not fixed, the defendant broke the contract by repudiating it.

Ferullo's Case

331 Mass. 635 · Massachusetts Supreme Judicial Court · Sep 24, 1954

The board found that the claimant was an independent contractor. … See National Labor Relations Board v. Hearst Publications, Inc. 322 U. S. 111 ; Gordon v. New York Life Ins. Co. 300 N. Y. 652 ; Bowser v. State Industrial Accident Commission, 182 Ore. 42 .