Case law

Prudential Insurance Co. of America v. City of Boston

369 Mass. 542 · Massachusetts Supreme Judicial Court · Jan 13, 1976

In order to encourage privately financed urban renewal, the statute provides that a project undertaken by a qualified applicant, such as an insurance company, is exempt from State and local taxation, including better-ments … In light of our prior decisions interpreting § 6A 5 and established canons of statutory construction, it is our opinion that § 6A is to be read narrowly so as not to insulate the Prudential apartments from the rent control

Robinson's Case

131 Mass. 376 · Massachusetts Supreme Judicial Court · Sep 7, 1881

Under the Constitution of this Commonwealth, can a woman, if duly appointed and qualified as a justice of the peace, legally perform all acts pertaining to such office ? Second. … that any change in the legal rights or capacities of women is to be implied, which has not been clearly expressed.

Bacon v. Federal Kemper Life Assurance Co.

400 Mass. 850 · Massachusetts Supreme Judicial Court · Sep 14, 1987

Jones also stated that the beneficiary of a policy would not qualify as a disinterested witness. 2 Jones’s successor said that she eliminated Kemper’s requirement of a disinterested witness, although there was no evidence … Instead of adhering to well-established principles of review, the court makes the factual determination that Kemper acted with reasonable care.

Commonwealth v. Pariseau

466 Mass. 805 · Massachusetts Supreme Judicial Court · Jan 13, 2014

Kennedy, 435 Mass. 527, 530 (2001). 4 In establishing this statutory framework, “[t]he Legislature clearly was aware of *809 the liberty interests at stake.” Blake, supra (Ireland, J., concurring). Although G. … During the examination period, all documentation provided to the qualified examiners must be provided to the person’s counsel, [G.

Massachusetts Electric Co. v. Department of Public Utilities

419 Mass. 239 · Massachusetts Supreme Judicial Court · Dec 22, 1994

The department then established values for certain externalities associated with combustion-based generating plants. … It is not clearly established, however, that PURPA bars an electric utility from paying more than its avoided cost to a qualified facility providing power to the utility.

Warren v. Mayor of Charlestown

68 Mass. 84 · Massachusetts Supreme Judicial Court · Oct 15, 1854

The act provides that it “ shall not take effect unless the inhabitants of Boston and Charlestown respectively, qualified by law to vote in city affairs,- shall accept the same at a meeting to be called for that purpose.” … That amendment vested the general court with full power and authority to erect city governments in any corporate town, having 12,000 inhabitants, to grant such powers, privileges and immunities, not repugnant to the constitution

Commonwealth v. Jackson

388 Mass. 98 · Massachusetts Supreme Judicial Court · Jan 28, 1983

McDonald was given immunity from prosecution as an accessory after the fact to any murders for which the defendant was prosecuted. … It was never clearly established that the clothing did not fit. After several discussions of the issue, defense counsel could report only that the clothes were “[t]oo small, I think.”

Board of Appeals of Hanover v. Housing Appeals Comm.

363 Mass. 339 · Massachusetts Supreme Judicial Court · Mar 22, 1973

Section 6 of art. 89 establishes a broad general grant *358 of home rule powers to cities and towns. … The eligibility of the applicant in this respect turns on the applicant’s ability to qualify for the appropriate funding. To so qualify the applicant must propose to build “low or moderate income housing.”

Marco v. Green

415 Mass. 732 · Massachusetts Supreme Judicial Court · Jul 8, 1993

This term is used with a qualifier in other statutes such as G. L. c. 193, § 7 (1990 ed.) … L. c. 195, § 16 (establishing procedures for voluntary administration of small estates).

Winston v. City of Pittsfield

221 Mass. 356 · Massachusetts Supreme Judicial Court · May 24, 1915

changes until after the work had been done and the final measurements ascertained, we shall consider the grounds upon which they rely for rescisión in the order stated in the bill, even if in view of all the alternative and qualifying … To warrant the reformation of a written instrument for mistake the real intention of the parties must be clearly established. German American Ins. Co. v. Davis, 131 Mass. 316 . J. P. Eustis Manuf. Co. v.

Commonwealth v. Alger

61 Mass. 53 · Massachusetts Supreme Judicial Court · Mar 15, 1851

of the territory over which it was established. … This clearly recognizes the distinction between the jus publicum and jus privatum, as established by the common law, and so established long before the settlement of this country.

Thomson v. Pentecost

210 Mass. 223 · Massachusetts Supreme Judicial Court · Nov 1, 1911

The plaintiffs’ intention to buy an established and successful business which could not be carried on unless a lease of the farm could be obtained was known to the defendant, and his letter representing its value as a dairy … The distinction as to the amount which each plaintiff could recover was clearly pointed out, and the jury were correctly instructed that the plaintiffs, on the assumption that the business had produced a year before a net

Commonwealth v. Quinn

222 Mass. 504 · Massachusetts Supreme Judicial Court · Feb 8, 1916

McHugh, 202 Mass. 148 , 149: “This court in recent years, by pointed language and by conclusions reached, has indicated a plain disposition not to extend legal immunity for the falsehood of vendors in the course of negotiations … for sales beyond the bounds already established.” 3.

Hodge v. Mackintosh

248 Mass. 181 · Massachusetts Supreme Judicial Court · Feb 28, 1924

Moran, who was appointed trustee under the will, was qualified on *183 May 1, 1912, and died before March 27, 1919. … The quoted provision clearly has reference to the original trustee or to a successor of that trustee during the life of the daughter, and is inapplicable should the daughter die before the mother and nothing remains for a

Adams v. Town of Bolton

297 Mass. 459 · Massachusetts Supreme Judicial Court · Jun 28, 1937

The defendant objected to his so testifying on the stated ground that he was not “qualified to deal with country roads.” … Liability of the defendant was not established by merely proving that a defect in the highway caused injury to the plaintiffs.

Worcester County National Bank v. Commissioner of Banks

340 Mass. 695 · Massachusetts Supreme Judicial Court · Apr 11, 1960

converted under this section shall be consiuered the same business and corporate entity as that of the . . . converting institution, although the rights, powers and duties of the continuing trust company shall be those established … We would be loath to reach the conclusion that the plaintiff could not qualify its common stock under c. 168, § 47, as appearing in St. 1955, c. 432, § 1.

Commonwealth v. Boston Transcript Co.

249 Mass. 477 · Massachusetts Supreme Judicial Court · Jun 12, 1924

They have no special immunities. They do not constitute a privileged class. They are entitled to invoke • constitutional guaranties in common with others. … The legislative power as to price fixing and as to regulation, which recently was discussed and upheld with reference to theatres in Opinion of Justices, 247 Mass. 589 , clearly does not reach to the facts here disclosed.

Flagg v. AliMed, Inc.

466 Mass. 23 · Massachusetts Supreme Judicial Court · Jul 19, 2013

V 2011) (“the term ‘discriminate against a qualified individual on the basis of disability’ includes . . . excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of … Stop & Shop Supermarket Co., 434 Mass. 521 , 531 n.11 (2001) (filing administrative complaint with commission is mandatory predicate for establishing jurisdiction in Superior Court).

Longever v. Revere Copper & Brass Inc.

381 Mass. 221 · Massachusetts Supreme Judicial Court · Jul 25, 1980

The second defense was that the complaint failed to “state a *222 claim upon which relief can be granted” and the sixth defense was that the defendant “is immune from liability in this action pursuant to the applicable provisions … Moreover, separate divisions are insufficient to establish dual capacity. See Strickland v. Textron, Inc., 433 F. Supp. 326, 327-328 (D.S.C. 1977); 2A A. Larson, Workmen’s Compensation § 72.80, at 14-115 (1976).

Whitcomb v. Hearst Corp.

329 Mass. 193 · Massachusetts Supreme Judicial Court · Jul 7, 1952

administrative officers in the performance of their duty are absolutely privileged as to such officers, reports of army officers in the performance of their duties are similarly privileged, and consequently newspapers enjoy a qualified … And it would certainly be going beyond reason to say that the Munich military post telephone book was a privileged official report, statement or communication which conferred immunity upon the American newspapers.