Case law

Fleming v. National Union Fire Insurance

445 Mass. 381 · Massachusetts Supreme Judicial Court · Nov 23, 2005

Second, if the claimant and the insurer do not reach an agreement, the case is referred to the Industrial Accident Board (board) for a conference before an administrative judge of the division of industrial accidents (department … An appeal from a decision of the reviewing board must be filed with the Appeals Court, and a party may seek enforcement of an order of the reviewing board in the Superior Court. See G. L. c. 152, § 12.

Roscigno v. Colonial Beacon Oil Co.

294 Mass. 234 · Massachusetts Supreme Judicial Court · Apr 2, 1936

Boston Elevated Railway, 272 Mass. 346, 352, 353 ), and the tribunal of fact is never required to conclude that there was negligence, by dint of technical presumption (Brown v. … Graham v. Badger, 164 Mass. 42, 47 . Poole v. Boston & Maine Railroad, 216 Mass. 12, 17, 18 . Gilchrist v. Boston Elevated Railway, 272 Mass. 346, 351 . Sweeney v. Erving, 228 U. S. 233 . Glowacki v.

Commissioner of Revenue v. Franchi

423 Mass. 817 · Massachusetts Supreme Judicial Court · Nov 21, 1996

We affirm the board’s decision. … See, e.g., Grady v. Commissioner of Revenue, 421 Mass. 374 (1995); Commissioner of Revenue v. Shafner, 392 Mass. 256 (1984); Salhanick v. Commissioner of Revenue, 391 Mass. 658 (1984); Dow Chem. Co. v.

Tufts v. Mayor of Somerville

122 Mass. 273 · Massachusetts Supreme Judicial Court · Mar 7, 1877

The St. of 1871, c. 382, § 1, provides that “ at any time within two years after any street, highway or .other waj is laid out, altered, widened, graded or discontinued, when in the opinion of the board of city or town officers … Hadley v. County Commissioners, 11 Cush. 394 . Damon v. Reading, 2 Gray, 274 .

Roosevelt v. Hamblin

199 Mass. 127 · Massachusetts Supreme Judicial Court · May 22, 1908

Any vacancy in *129 the board may be filled for the unexpired term by the remaining members of the board.” … Nor is it a case like Hayward v.

Jackson v. Building Inspector of Brockton

351 Mass. 472 · Massachusetts Supreme Judicial Court · Dec 8, 1966

The “appeal was rejected” by the zoning board of appeals. … Needham v. Winslow Nurseries, Inc. 330 Mass. 95, 99-101 . Kurz v. Board of Appeals of No. Reading, 341 Mass. 110, 112 . See annotation, 97 A. L. R. 2d 702.

Dooley v. Merrill

216 Mass. 500 · Massachusetts Supreme Judicial Court · Feb 26, 1914

Felch v. Hooper, 119 Mass. 52, 57 . Sherburne v. Morse, 132 Mass. 469 . Ryder v. Loomis, 161 Mass. 161 . Low v. Low, 173 Mass. 580 . Phillips v. Sylvester, L. R. 8 Ch. 173, 176. B. N. … Brown v. Williams, 31 Maine, 403. Greene v. Greene, 1 Ohio, 535. Chapman v. Chapman, 92 Va. 537 . Gully v. Ray, 57 Ky. 107, 113 . Rain v. Roper, 15 Fla. 121 . 4 Kent Com. 50.

Glass v. Hulbert

102 Mass. 24 · Massachusetts Supreme Judicial Court · Sep 15, 1869

Maxwell v. Mountacute, Pre. Ch. 526. Browne on St. of Frauds, §§ 441-445. … Brown v. Lynch, 1 Paige, 147 . Thynn v. Thynn, 1 Vern. 296. Oldham v. Litchfield, 2 Vern. 506. Devenish v. Baines, Pre. Ch. 3. 1 Story Eq. § 768.

Commonwealth v. Homer

153 Mass. 343 · Massachusetts Supreme Judicial Court · Feb 27, 1891

Commonwealth v. Brown, 14 Gray, 419 . Commonwealth v. Thompson, 108 Mass. 461 . The death of the woman is not the subject of the charge, and her dying declarations are not admissible under the common law rule. Rex v. … Bickford v. Boston & Lowell Railroad, 21 Pick. 109 . Robbins v. Holman, 11 Cush. 26 . Goshen v. Richmond, 4 Allen, 458 . George v. Reed, 101 Mass. 378 . Abington v. Duxbury, 105 Mass. 287 . Bucher v.

Whithead v. Keyes

83 Mass. 350 · Massachusetts Supreme Judicial Court · Jan 15, 1861

Brown v. Getchell, 11 Mass. 14 . … May v. Proby, 3 Bulst. 200. Fermor v. Phillips, Holt N. P. 538. Cargill v. Taylor, 10 Mass. 207 .

Opinion of Justices to the Senate & House of Representatives

303 Mass. 631 · Massachusetts Supreme Judicial Court · Jul 1, 1939

Brown v. Russell, 166 Mass. 14, 25-26 . Garvey v. Lowell, 199 Mass. 47, 51 , and cases cited. Attorney General v. Tillinghast, 203 Mass. 539, 543-545 , and cases cited. Gardner v. Lowell, 221 Mass. 150, 153 . Rich v. … O’Connell v. Retirement Board of Boston, 254 *638 Mass. 404 .

Sawyer v. Pratt

50 Mass. 170 · Massachusetts Supreme Judicial Court · Mar 15, 1845

[After this action was tried in the court of common pleas, it was decided, in Browning v.

Adams's Case

339 Mass. 772 · Massachusetts Supreme Judicial Court · Apr 30, 1959

A decree of the Superior Court enforced the order of the board. The insurer appealed. No evidence of an autopsy appears. … On these opinions and the basic facts, despite conflicting medical testimony, the board reasonably could find that the most likely cause of death was a pulmonary embolus. Geagan’s Case, 301 Mass. 319, 320 . O’Connor v.

Loring v. City of Boston

78 Mass. 209 · Massachusetts Supreme Judicial Court · Nov 15, 1858

Russell v. New Bedford, 5 Gray, 31 . … Brown v. Lowell, 8 Met. 178 . Commonwealth v. Boston, 16 Pick. 446 . Hallock v.

Gaudet v. Building Inspector of Dracut

358 Mass. 807 · Massachusetts Supreme Judicial Court · Dec 3, 1970

Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 659 . Smigliani v. Board of Appeals of Saugus, 348 Mass. 794 .

Panasuk's Case

217 Mass. 589 · Massachusetts Supreme Judicial Court · May 21, 1914

Panasuk was found by the Industrial Accident Board to have been “ an illiterate foreigner who was unable to read, write or understand the English language,” and he had no notice, and no information was given him, as to how … Beers v. Isaac Prouty Co. 200 Mass. 19 . Under all the conditions disclosed, no reversible error appears. Decree affirmed.

Pierce's Case

267 Mass. 208 · Massachusetts Supreme Judicial Court · May 28, 1929

This case comes before us on the appeal of the insurer from a decree of the Superior Court in accordance with a decision of the Industrial Accident Board. … The reported evidence supports the findings of the single member and the reviewing board, in substance, that Cecil J.

Plymoucth Stove Foundry Co. v. Fee

182 Mass. 31 · Massachusetts Supreme Judicial Court · Jun 18, 1902

See Parry v. Libbey, 166 Mass. 112, 113 ; Brown v. Pierce, 97 Mass. 46, 48 . … Newhall v. Kingsbury, 131 Mass. 445 . Robinson v. Bird, 158 Mass. 357, 360 . Exceptions overruled.

Soares v. Lakeville Baseball Camp, Inc.

369 Mass. 974 · Massachusetts Supreme Judicial Court · Mar 5, 1976

Even assuming that the hazing was excessive and should have been moderated by counselors exercising due care (see Brown v. … See Faulkner v. J. H. Corcoran & Co., 342 Mass. 94, 95-96 (1961); Battista v. F.W. Woolworth Co., 317 Mass. 179, 180 (1944); cf. Lowe v. National Shawmut Bank, 363 Mass. 74, 77-78 (1973).

Commissioner of Revenue v. Shafner

392 Mass. 256 · Massachusetts Supreme Judicial Court · Jun 20, 1984

The taxpayers appealed to the Appellate Tax Board (board), see G. … We now affirm the decision of the board.