Case law

Charpentier v. Commonwealth

376 Mass. 80 · Massachusetts Supreme Judicial Court · Jul 24, 1978

He further found that "[t]he alleged assignment of errors is patently frivolous and the identification and guilt of the defendant [were] clearly established beyond a reasonable doubt and a furnishing *82 of a full transcript … cases and in witness immunity contempt proceedings brought under G.

Commonwealth v. Anthes

71 Mass. 185 · Massachusetts Supreme Judicial Court · Oct 15, 1855

The statute as clearly makes it the duty of the jury to adhere to established principles of law in the one case as in the other. Neither judges nor jury can substitute their discretion for the rules of law. … I think it very clearly has not.

Hall v. Hall

152 Mass. 136 · Massachusetts Supreme Judicial Court · Sep 4, 1890

Nor can exceptions to their rulings be established by parol evidence. … The commissioners were selected by the court as qualified to make a just and equal partition of the land, and were appointed for that purpose.

Digital Equipment Corp. v. Commissioner of Revenue

408 Mass. 18 · Massachusetts Supreme Judicial Court · Jul 12, 1990

General Laws c. 63, § 38F, as amended, clearly preserves against challenge those deductions attributable to such employees. … Therefore, when the Legislature enacted the grandfather clause, it was establishing a new category of employees who were eligible for the deduction.

Pina v. Commonwealth

400 Mass. 408 · Massachusetts Supreme Judicial Court · Jul 9, 1987

Ct. 211, 213 (1983), “we stress[ed] that abrogation of governmental immunity need not necessarily mean that governmental entities would be liable for all harm which results from the conduct of their activities.” … It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations. Where there is room for policy judgment and decision there is discretion.

Commonwealth v. Portillo

462 Mass. 324 · Massachusetts Supreme Judicial Court · May 29, 2012

Collins, 386 Mass. 1, 8 (1982) (“Evidence tending to impeach the credibility of a key prosecution witness is clearly exculpatory”). … A translator need not be a “certified interpreter” or “qualified interpreter" as defined in G. L. c. 221C, § 1, to qualify as an expert.

Save the Bay, Inc. v. Department of Public Utilities

366 Mass. 667 · Massachusetts Supreme Judicial Court · Jan 27, 1975

C. §§ 717 -717w (1970), and does not per se qualify under G. … L. c. 25, § 5, is not crucial since petitioner Pereira clearly has standing to bring this appeal.

Adomaitis v. Director of Division of Employment Security

334 Mass. 520 · Massachusetts Supreme Judicial Court · Aug 7, 1956

prior to the amendment of the act by St. 1937, c. 421, § 1 (§ 19 [a], as inserted by St. 1935, c. 479, § 5 — “ . . . unemployment is directly due to a strike, lockout or other trade dispute still in active progress in the establishment … the percentage of curtailment of business activity which is necessary ...” and “no cases have reached the point to which the respondent desires to stretch the rule in the instant case where only 2bi% of the employees were qualified

Day v. Bardwell

97 Mass. 246 · Massachusetts Supreme Judicial Court · Oct 15, 1867

the sequestration and distribution of the debtor’s property, or for granting him a discharge, could be instituted until the 1st of June 1867; for by the express terms of the proviso at the end of the last section, which qualifies … from the time of its passage, the use, in this section, of words in the future tense — “shall go into operation” — is inconsistent with the hypothesis that the statute goes into operation presently upon its passage, and clearly

Petrell v. Shaw

453 Mass. 377 · Massachusetts Supreme Judicial Court · Mar 16, 2009

The First Amendment does not grant religious organizations absolute immunity from tort liability. … The evidence was clearly to the contrary, as we now describe.

Commonwealth v. LaCorte

373 Mass. 700 · Massachusetts Supreme Judicial Court · Nov 18, 1977

“Such proof of authenticity usually takes the form of testimony of a qualified witness either (1) that the thing is what its proponent represents it to be, or (2) that circumstances exist which imply that the thing is what … Clearly, however, Officer Bickerton could have had no first hand knowledge of the presence of a woman at the scene prior to his arrival, and the judge *707 might have excluded the question on this ground.

Foxboro Associates v. Board of Assessors

385 Mass. 679 · Massachusetts Supreme Judicial Court · Apr 1, 1982

The evidence clearly supports the board’s finding that the witness was qualified as an expert on reproduction costs. … Instead, the board found overvaluation established and adopted the valuation method suggested by the assessors.

Turner v. City of Boston

462 Mass. 511 · Massachusetts Supreme Judicial Court · Jun 15, 2012

As a procedural directive that provides a means of referring matters to the council, rule 40A clearly falls within the *516 scope of the rulemaking authority that the city charter vests in the council. … Nevertheless, the other provisions and structure of the statute indicate clearly that such “action” is distinguishable from criminal prosecution, see, e.g., G.

Mulhern v. Roach

398 Mass. 18 · Massachusetts Supreme Judicial Court · Jul 10, 1986

The evidence included testimony by an attorney who was qualified as an expert in eminent domain cases, that he had tried many cases against the plaintiff, that the plaintiff was “an outstanding trial lawyer . . . perhaps … This finding was not clearly erroneous. It is supported by supplementary findings concerning the method used to establish a reasonable probability of rezoning to a commercial use. See Roach v.

First Baptist Church of Sharon v. Harper

191 Mass. 196 · Massachusetts Supreme Judicial Court · Mar 6, 1906

The effect of these enactments is that for the purpose of taking, holding and transmitting property a voluntary religious society possessed all the qualifying attributes of a duly organized corporation. Fisher v. … An examination of this instrument clearly shows that in terms it does not purport to be the grant of the Baptist Church of Sharon, acting by its trustees duly authorized to convey, but is in recitals, covenants, execution

Care and Protection of Jaylen

Massachusetts Supreme Judicial Court · Apr 17, 2024

And, while the Legislature clearly was aware of and considered the pendency of a § 24 proceeding affecting a nonmarital child, including presumably the power of the Juvenile Court judge to award "permanent" custody of … Id.  13 to a parent "qualified to give care to the child," G.

Commonwealth v. Moore

214 Mass. 19 · Massachusetts Supreme Judicial Court · Feb 25, 1913

been said that “It should never be held that Congress intends to supersede or by its legislation suspend the exercise of the police power of the States, even when it may do so, unless the purpose to effect that result is clearly … It did not say, however, that he should be immune from valid police regulations by the several States. It went no further than to say that the federal act did not apply to him.

Commonwealth v. Callahan

401 Mass. 627 · Massachusetts Supreme Judicial Court · Feb 8, 1988

Such instructions clearly were correct. Id. … Establishment of religion.

Union Institution for Savings v. City of Boston

129 Mass. 82 · Massachusetts Supreme Judicial Court · Jun 30, 1880

L. 85; Lord Chancellor Cairns and Lord Selborne were clearly of a different opinion. … In a later case, Lord Justice Amphlett considered it to be clearly established by the" previous decisions that in the case of a mercantile security it is to be supposed that the parties intended interest to run on at the

Antioch Temple, Inc. v. Parekh

383 Mass. 854 · Massachusetts Supreme Judicial Court · Jun 30, 1981

P. 53 (e) (2) (in nonjury ac *863 tions court is to accept master’s factual findings “unless clearly erroneous”). … to a master’s report in nonjury cases, “clearly stating the grounds for each objection.” 365 Mass. 817 (1974).