Case law

Gordon v. West End Street Railway Co.

175 Mass. 181 · Massachusetts Supreme Judicial Court · Jan 5, 1900

It was his business to know whether those who wished to board the car had done so, and had got so far in as to make it safe to start. As a fact he was where he could see. … Warren v. Fitchburg Railroad, 8 Allen, 227 , 232. Brien v. Bennett, 8 C. & P. 724. Ganiard v. Rochester City & Brighton Railroad, 50 Hun, 22 ; S. C. 121 N. Y. 661 . Smith v. St. Paul City Railway, 32 Minn. 1 .

Ocean Spray Cranberries, Inc. v. State Tax Commission

355 Mass. 592 · Massachusetts Supreme Judicial Court · Apr 8, 1969

Bank v. … No. 69, pp. 6-7); Macallen Co. v. Massachusetts, 279 U. S. 620 ; Opinion of the Justices, 269 Mass. 611 ; Educational Films Corp. v. Ward, 282 U. S. 379 . See G.

Cusack v. Director of the Division of Employment Security

376 Mass. 96 · Massachusetts Supreme Judicial Court · Jul 25, 1978

This is an appeal from a decision in the District Court of Peabody affirming a decision of the board of review of the Division of Employment Security (board) which found the plaintiff ineligible to receive *97 unemployment … Co. v. Director of the Div. of Employment Security, 333 Mass. 244, 248 (1955). See Kalen v. Director of the Div. of Employment Security, 334 Mass. 503 , 506 (1956); Howes Bros. Co. v.

MacKeen v. Town of Canton

379 Mass. 514 · Massachusetts Supreme Judicial Court · Jan 11, 1980

He then called on a member of the planning board who presented that board’s recommendation that the zoning change be adopted. … See Boston v. Massachusetts Bay Transp.

Commonwealth v. Noble

165 Mass. 13 · Massachusetts Supreme Judicial Court · Nov 29, 1895

Commonwealth v. Webster, 5 Cush. 295 . Commonwealth v. Martin, 125 Mass. 394 . Commonwealth v. Coy, 157 Mass. 200 . Commonwealth v. Holmes, 157 Mass. 233 . … Commonwealth v. Brown, 121 Mass. 69 . Commonwealth v. Follansbee, 155 Mass. 274 . Commonwealth v. Thompson, 159 Mass. 56, 58 .

Dean v. Dean

19 Mass. 25 · Massachusetts Supreme Judicial Court · Oct 15, 1823

Miller v Miller, 2 Pick. 570 ; Olney v. Brown, 2 Pick. 571 .

Shaw v. Harding

306 Mass. 441 · Massachusetts Supreme Judicial Court · Jul 3, 1940

The two directors acted as the board. No stockholders’ meeting was held subsequently to January 20, 1930, until January 22, 1935. … Inc. v.

Saperstein v. City of Everett

265 Mass. 195 · Massachusetts Supreme Judicial Court · Nov 27, 1928

Pursuant to that authority an ordinance was enacted creating a board of public works and conferring upon it, among other powers, those of the street commissioner, and requiring the board to appoint a street commissioner. … Lead Lined Iron Pipe Co. v. Wakefield, 223 Mass. 485, 487 . McGovern v. Boston, 229 Mass. 394, 397 . Blaisdell v. Stoneham, 229 Mass. 563, 565 . Stevens v. Dedham, 238 Mass. 487 . Myers v. Boston, 247 Mass. 36 .

East Chop Tennis Club v. Massachusetts Commission Against Discrimination

364 Mass. 444 · Massachusetts Supreme Judicial Court · Dec 24, 1973

with a matter that is clearly beyond the scope of its authority, then one may chai *452 lenge the jurisdiction of the board by invoking the aid of the courts and need not wait until the board has made a final order.” … [a] board is acting beyond its jurisdiction, the board should have an opportunity to ascertain the facts and decide the question for itself . . ..” Saint Luke’s Hosp. v. Labor Relations Commn., supra, at 470.

Krantz v. John Hancock Mutual Life Insurance

335 Mass. 703 · Massachusetts Supreme Judicial Court · Apr 15, 1957

We have held that even in a case where the contract required proof satisfactory to the board of directors the inclusion in the proofs of evidence from which the jury could conclude that disease was a cause of the death did … Brown v. Henderson, 285 Mass. 192, 195-196 . Duggan v. Bay State Street Railway, 230 Mass. 370, 378 . Perry v. Boston Elevated Railway, 322 Mass. 206, 209 . Del Vecchio v. Bowers, 296 U. S. 280, 286 .

Bellin v. Kelley

435 Mass. 261 · Massachusetts Supreme Judicial Court · Oct 11, 2001

For access under clause (c), the criminal history systems board (established by G. … This mandate, in and of itself, provides the board with broad powers to address situations not specifically enumerated in the statute. See Dowell v.

William J. McCarthy Co. v. Rendle

222 Mass. 405 · Massachusetts Supreme Judicial Court · Jan 10, 1916

Nash v. Commonwealth, 174 Mass. 335 . The bill contains a prayer for an accounting; but no facts are alleged which show the basis for an account. Bushnell v. Avery, 121 Mass. 148 . It was framed under R. … Hoshor-Platt Co. v. Miller, 190 Mass. 285 . Brown v. Floersheim Mercantile Co. 206 Mass. 373 . J. E. Crowley, for the plaintiff. F. L. Norton, for the defendants.

Heath v. Wells

22 Mass. 139 · Massachusetts Supreme Judicial Court · Mar 15, 1827

Brown et al. v. Anderson, 13 Mass. R. 203 ; Scott v. Hancock et al. ibid. 162; Ex parte Allen, 15 Mass. R. 58 . … But we think those cases are distinguishable from the case at bar, which more resembles the case of Thompson v. Brown et al. before referred to. In the case of Leverett v.

Gerhart v. Holyoke Street Railway Co.

236 Mass. 392 · Massachusetts Supreme Judicial Court · Oct 19, 1920

Hunt v. Old Colony Street Railway, 206 Mass. 11 . Magner v. Boston Elevated Railway, 209 Mass. 60 . Meysht v. Boston Elevated Railway, 210 Mass. 341 . Thompson v. Boston Elevated Railway, 227 Mass. 407 . Neafsey v. … Hunt v. Old Colony Street Railway, supra. Mullen v. Boston Elevated Railway, 209 Mass. 79 . Niles v. Boston Elevated Railway, 230 Mass. 316 . Exceptions overruled.

Commissioner of Corp. & Taxation v. Aetna Life Insurance

328 Mass. 404 · Massachusetts Supreme Judicial Court · Feb 14, 1952

There was. *409 no error in the decision of the board granting the abatement. We now consider the motion to dismiss. This petition for a correction of the tax was filed with the Appellate Tax Board on October 11, 1948. … Gallo v. Foley, 299 Mass. 1, 4 . Styrnbrough v. Cambridge Savings Bank, 299 Mass. 22, 23 . Charles I. Hosmer, Inc. v. Commonwealth, 302 Mass. 495, 498 . Frost v. Kendall, 320.

Goldman v. Town of Dennis

375 Mass. 197 · Massachusetts Supreme Judicial Court · May 9, 1978

See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 636 (1970). … See Berliner v. Feldman, 363 Mass. 767, 776-777 (1973); Morin v. Board of Appeals of Leominster, 352 Mass. 620, 623-624 (1967). Here the by-law is explicit in its limitation of the expansion of a nonconforming use.

Emerson v. Atkinson

159 Mass. 356 · Massachusetts Supreme Judicial Court · Jun 21, 1893

Way v. Mullett, 143 Mass. 49 . Brown v. South Boston Savings Bank, 148 Mass. 300, 307 . Kopper v. Dyer, 59 Vt. 477, 489 . Goldsmith v. Osborne, 1 Edw. Ch. 560 . Jones on Mortgages, § 1095, and cases cited. … Brown v. South Boston Savings Bank, 148 Mass. 300, 308 . Bancroft v. Sawin, 143 Mass. 144 . Clarkson v. De Peyster, Hopk. 274. 2 Dan. Ch. Pl. & Pr. (4th Am. ed.) 1000, and cases cited, 1672, and 1770.

Cushing v. Marston

66 Mass. 431 · Massachusetts Supreme Judicial Court · Nov 15, 1853

The contract of the defendant for board was made with the partners, who kept the lodging-house jointly ; the payment for it was therefore a debt due to both jointly. … The action, therefore, could not, by law, be brought and maintained by one only, Halliday v. Doggett, 6 Pick. 359 .

McDonald's Case

229 Mass. 454 · Massachusetts Supreme Judicial Court · Feb 28, 1918

G. & S. 967, Walton v. Walton, 76 Miss. 662 , and Potts v. … The board found as a fact that the wife was wholly dependent upon the earnings of the deceased for her support.

Brouillard v. Stimpson

201 Mass. 236 · Massachusetts Supreme Judicial Court · Feb 26, 1909

Saunders v. Dunn, 175 Mass. 164 . Hampden Cotton Mills v. Payson, 130 Mass. 88 . … Parsons v. Welles, 17 Mass. 419 . New England Jewelry Co. v. Merriam, 2 Allen, 390 . Brown v. Smith, 116 Mass. 108 .