Case law

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.

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.

Schouler

134 Mass. 426 · Massachusetts Supreme Judicial Court · Mar 5, 1883

Saltonstall v. Sanders, 11 Allen, 446 . See also *428 Jackson v. Phillips, ubi supra; Nichols v. Allen, ubi supra; Brown v. Kelsey, 2 Cush. 243 . We cannot doubt that, if the Rev. … Harvard College v. Theological Education Society, 3 Gray, 280 , 282. Attorney General v. Andrew, 3 Ves. 633. Moggridge v. Thackwell, 7 Ves. 36.

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.

Kennedy v. Simmons

308 Mass. 431 · Massachusetts Supreme Judicial Court · Feb 26, 1941

Hutchins v. Browne, 253 Mass. 55, 57 . Connolly v. Phipps, 283 Mass. 584, 586 . Rev. … White v. Stowell, 229 Mass. 594 . Feehan v. Tax Commissioner, 237 Mass. 169 . Hutchins v. Browne, 253 Mass. 55 . White v. Loftus, 275 Mass. 559 . Tuells v. Flint, 283 Mass. 106, 109 . Cambridge v.

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 .

Hayford v. Spokesfield

100 Mass. 491 · Massachusetts Supreme Judicial Court · Nov 15, 1868

In Ward v. Ward, 7 Exch. 838, it was held that discontinuing the use of a way merely by reason of the party’s *495 having a more convenient way was not evidence of abandonment. In Lovéd v. Smith, 3 C. B. (N. … In Hale v. Oldroyd, 14 M. & W. 789, a similar doctrine was held. In the present case, the use of the ten foot way was substituted for that of thé three foot way. The case of Crain v.

Goldstein v. Beal

317 Mass. 750 · Massachusetts Supreme Judicial Court · Mar 1, 1945

There was such a severance when the common owner, who was then Brown, gave a mortgage of lot A1 to the Boston Mortgage Bond Company, and a mortgage of lots A2 and A3 to the Mooneys. Mt. Holyoke Realty Corp. v. … As stated above, there had been such a reference in the certificate of Brown, the common owner and mortgagor, bearing the same date.

Hayes v. Hayes

256 Mass. 97 · Massachusetts Supreme Judicial Court · May 27, 1926

Shaw v. Shaw, 98 Mass. 158 . Schrow v. Schrow, 103 Mass. 574 . Ross v. Ross, 103 Mass. 575 . Friedrich v. Friedrich, 230 Mass. 59, 60 . The domicil of the parties was a question of fact. White v. … Feehan v. Tax Commissioner, 237 Mass. 169 . Hutchins v. Browne, 253 Mass. 55, 57 .

Mendes v. Costa

326 Mass. 608 · Massachusetts Supreme Judicial Court · Dec 29, 1950

When the plaintiff stepped on the running board of the defendant’s automobile the defendant’s duty of care toward her ceased to be measured by his duty toward travellers in general., Theriault v. … See Baines v. Collins, 310 Mass. 523, 524 .

Lamattina v. Blue Hog Breeding Co.

298 Mass. 446 · Massachusetts Supreme Judicial Court · Nov 29, 1937

See Kelley v. Goldberg, 288 Mass. 79, 81 . … place, and there were a “lot of nails hanging on the building” and on this board or timber, and a few nails in a board *448 which had been a part of the floor of the platform.

Dwyer v. New York, New Haven, & Hartford Railroad

209 Mass. 419 · Massachusetts Supreme Judicial Court · Jun 22, 1911

Blackwell v. Old Colony Railroad, 122 Mass. 1 . Robinson v. Brown, 182 Mass. 266 , and cases therein cited. … Selectmen of Norwood v. New York & New England Railroad, 161 Mass. 259 . Decree affirmed.

In the Matter of Foster

Massachusetts Supreme Judicial Court · Aug 31, 2023

See Strigler v. Board of Bar Examiners, 448 Mass. 1027, 1029-1030 (2007) (distinguishing failure to remember from lack of candor). … See, e.g., Commonwealth v. Claudio, 484 Mass. 203, 210 (2020) ("In [Commonwealth v.

Panagotopulos's Case

276 Mass. 600 · Massachusetts Supreme Judicial Court · Sep 21, 1931

Hence Hartnett v. Tripp, 231 Mass. 382 , Wilder v. General Motorcycle Sales Co. 232 Mass. 305 , and Clayton v. Holyoke Street Railway, 236 Mass. 359 , are distinguishable. … Raymond v. Haverhill, 168 Mass. 382, 383-384 . Daniels v. New York, New Haven & Hartford Railroad, 183 Mass. 393, 399 . Snow v. New York, New Haven & Hartford Railroad, 185 Mass. 321 .

Chatham Corp. v. State Tax Commission

362 Mass. 216 · Massachusetts Supreme Judicial Court · Jun 23, 1972

Works v. Cities Serv. Oil Co. 308 Mass. 349, 360 ) and that words so used are to be construed according to their natural and ordinary meaning. Davey Bros. Inc. v. Stop & Shop, Inc. 351 Mass. 59, 63 . … The decision of the Appellate Tax Board is affirmed. So ordered.

Collins v. Wise

190 Mass. 206 · Massachusetts Supreme Judicial Court · Jan 4, 1906

contention is that the jury had no right, upon the plaintiff’s evidence, to find that Sullivan’s assault was committed in the pursuit of any duty resting upon him as the servant of the defendants; and they rely upon Howe v. … Brown v. Boston Ice Co. 178 Mass. 108 .

Walcott v. City of Cambridge

351 Mass. 32 · Massachusetts Supreme Judicial Court · Jun 6, 1966

The city retirement board at a meeting on February 25, 1964, voted to retire him and to pay the allowance provided in c. 32, § 5. … Brierley v. Walsh, 299 Mass. 292, 295 . Attorney Gen. v. Goldberg, 330 Mass. 291, 292-293 .

Berkwitz

323 Mass. 41 · Massachusetts Supreme Judicial Court · Jun 7, 1948

Kaufman v. Buckley, 285 Mass. 83 . … Hanscom v. Malden & Melrose Gas Light Co. 220 Mass. 1 . Manchester v. Popkin, 237 Mass. 434 . Paraboschi v. Shaw, 258 Mass. 531 . Hollingsworth & Vose Co. v. Recorder of the Land Court, 262 Mass. 45, 46-47 . Ring 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.

Davis v. Columbia Coal Mining Co.

170 Mass. 391 · Massachusetts Supreme Judicial Court · Feb 28, 1898

Armitage v. Insole, 14 Q. B. 728. Sutherland v. Allhusen, 14 L. T. (N. S.) 666. Dwight v. Eckert, 117 Penn. St. 490. Hocking v. Hamilton, 158 Penn. St. 107. … See Milliken v. Keppler, 4 App. Div. (N. Y.) 42; Delaware, Lackawanna, & Western Railroad v. Bowns, 58 N. Y. 573 . We see no ground upon which the defendant could be held liable. jExceptions sustained.