Case law

Fredette v. Simpson

440 Mass. 263 · Massachusetts Supreme Judicial Court · Oct 28, 2003

Brown v. Nutter, McClennen & Fish, 45 Mass. App. Ct. 212, 216 (1998). … Brown v. Nutter, McClennen & Fish, supra at 216, citing L. Locke, Workmen’s Compensation § 10.5, at 273 (Nason & Wall Supp. 1995). See G. L. c. 152, §§ 23-24.

McGillivray v. Eramian

309 Mass. 430 · Massachusetts Supreme Judicial Court · Jun 26, 1941

The “wood was rotten or something, the nails were pulled out . . . the boards were warped or sprung from the foundation.” … Barnes v. Berkshire Street Railway, 281 Mass. 47, 51 , and cases cited. R. Dunkel, Inc. v. V. Barletta Co. 302 Mass. 7, 11 . See Gordon v. Harris, 290 Mass. 482, 487 ; Tookmanian v. Fanning, 308 Mass. 162, 168 .

Commonwealth v. Rutkowski

459 Mass. 794 · Massachusetts Supreme Judicial Court · May 24, 2011

See Commonwealth v. Brown, 449 Mass. 747, 768 (2007). … Lennon, 399 Mass. 443, 449-450 (1987); Commonwealth v. Brown, 392 Mass. 632, 646 (1984). See also Commonwealth v. Dillon, 79 Mass. App. Ct. 290, 299 (2011); Commonwealth v. Kastner, 76 Mass. App. Ct. 131, 141 (2010). 4.

Katz v. Dunn

285 Mass. 340 · Massachusetts Supreme Judicial Court · Feb 15, 1934

See also Brown v. Eastern Slate Co. 134 Mass. 590 . … Kline v. Burke Construction Co. 260 U. S. 226 . Grubb v. Public Utilities Commission, 281 U. S. 470, 476 . No equitable relief can be granted.

United Mutual Fire Insurance v. Railway Express Agency, Inc.

323 Mass. 354 · Massachusetts Supreme Judicial Court · Nov 2, 1948

Calumet & Hecla Mining Co. v. Delaware, Lackawanna & Western Railroad, 198 App. Div. (N. Y.) 348. Browning-King & Co. v. Davis, 120 Misc. (N. Y.) 520. Dworsky v. Pennsylvania Railroad, 160 Misc. (N. Y.) 360. … Ed.) c. 106, § 38, Nashua River Paper Co. v. Lindsay, 249 Mass. 365, 370 ; Idzykowski v. Jordan Marsh Co. 279 Mass. 163, 168 ; Guthrie v. J. J. Newberry Co. 297 Mass. 245, 247 ; and Howard v.

Rollins v. Marsh

128 Mass. 116 · Massachusetts Supreme Judicial Court · Jan 12, 1880

Brown v. Chase, 4 Mass. 436 . Simmons v. Almy, 100 Mass. 239 . Such suit may be defended by the guardian in behalf of the ward. The guardian cannot bind the person or estate of his ward by contract made by himself. … Hicks v. Chapman, 10 Allen, 463 . Bicknell v. Bicknell, 111 Mass. 265 . Wallis v. Bardwell, 126 Mass. 366 .

Addison-Wesley Publishing Co. v. Town of Reading

354 Mass. 181 · Massachusetts Supreme Judicial Court · Apr 15, 1968

Caires v. Building Commr. of Hingham, 323 Mass. 589, 594 . See Burnham v. Board of Appeals of Gloucester, 333 Mass. 114, 117 , on amendments. … Noonan v. Moulton, 348 Mass. 633, 639-640 . See Halko v. Board of Appeals of Billerica, 349 Mass. 465, 471 . 5.

Barry v. Adams

96 Mass. 208 · Massachusetts Supreme Judicial Court · Jan 15, 1867

He conveyed the land to Brown ; from whom it passed through (loodnow to Miller, and Miller conveyed it to Benjamin A. 1 atten and the demandant, February 13th 1854. … Eastman v. Cooper, 15 Pick, 286. Dutton v. Woodman, 9 Cush. 261 . McDowell v. Langdon, 3 Gray, 513 . Perkins v. Parker, 10 Allen, 22 . But the tenant sets up in this action another defence.

Roberts v. Anheuser Busch Brewing Ass'n

211 Mass. 449 · Massachusetts Supreme Judicial Court · Apr 1, 1912

Wellington v. Downer Kerosene *452 Oil Co. 104 Mass. 64 . Norton v. Sewall, 106 Mass. 143 . Bishop v. Weber, 139 Mass. 411, 417 . Thomas v. Winchester, 6 N. Y. 397 . Blood Balm Co. v. Cooper, 83 Ga. 457 . Langridge v. … Oatman, 43 Hun, 265 ; Brown v. Marshall, 47 Mich. 576 ; Salmon v. Libby, McNeill & Libby, 219 Ill. 421 ; and Howes v. Rose, 13 Ind. App. 674 .

United States Trust Co. v. Commissioner of Corporations & Taxation

299 Mass. 296 · Massachusetts Supreme Judicial Court · Feb 1, 1938

In each case an application for abatement was filed and an appeal to the Board of Tax Appeals was taken from a decision by the appellee refusing to abate the taxes. … That board denied the claims of the appellants for abatement. The cases come here by appeals by the appellants.

Archambeau v. Platt

173 Mass. 249 · Massachusetts Supreme Judicial Court · May 16, 1899

Ryan v. Hays, 62 Tex. 42, 47 . Brown v. Gay, 76 Tex. 444 . Bond v. State, 68 Miss. 648, 652 . New York & Western Union Telegraph Co. v. Jewett, 115 N. Y. 166 . McNulta v. Ensch, 134 Ill. 46 . Meara v. … See also Farmers’ Loan & Trust Co. v. Central Railroad of Iowa , and Davis v. *252 Duncan, ubi supra; Texas Pacific Railway v. Bloom, 164 U. S. 636 ; Mobile & Ohio Railroad v.

Dunton v. Derby Desk Co.

186 Mass. 35 · Massachusetts Supreme Judicial Court · May 20, 1904

The only other witness was Swift, who testified that the matter was brought before the board of directors in July, 1899, and again in 1900, and that in that year Pond was forbidden by the board of directors to make any contract … Tatterson v. Suffolk Manuf. Co. 106 Mass. 56 . See also Davis v. Ames Manuf. Co. 177 Mass. 54 ; O'Connor v.

Zambarano v. Massachusetts Turnpike Authority

350 Mass. 485 · Massachusetts Supreme Judicial Court · Apr 1, 1966

One Brown, called as a witness by the petitioners, testified that he was the owner of four physically similar parcels at 116, 118, 120 and 122 Huntington Avenue; and that the sales price of the four properties when he sold … Roberts v. Boston, 149 Mass. 346, 350, 354 , and cases cited. Iris v. Hingham, 303 Mass. 401, 408-409 . H. E. Fletcher Co. v. Commonwealth, ante, 316, 324-326. Anno. 118 A. L. R. 869, 887-890; 85 A. L.

Figgs v. Boston Housing Authority

469 Mass. 354 · Massachusetts Supreme Judicial Court · Aug 18, 2014

School Comm. of Hudson v. Board of Educ., 448 Mass. 565, 575-576 (2007). … Garrity v. Conservation Comm'n of Hingham, 462 Mass. 779, 792 (2012), quoting Forsyth Sch. for Dental Hygienists v. Board of Registration in Dentistry, 404 Mass. 211, 217 (1989). See Boston Edison Co. v.

Zabec's Case

302 Mass. 465 · Massachusetts Supreme Judicial Court · Mar 1, 1939

Such an appeal is confined to an inquiry as to whether there was evidence to support these findings by the Industrial Accident Board. We cannot weigh evidence or decide questions of fact. … Clifford Shoe Co. v. United Shoe Machinery Corp. 297 Mass. 94, 107 . Rich’s Case, 301 Mass. 545 .

Risk Management Foundation of Harvard Medical Institutions, Inc. v. Commissioner of Insurance

407 Mass. 498 · Massachusetts Supreme Judicial Court · May 23, 1990

See Blue Hills Cemetery, Inc. v. Board of Registration in Embalming & Funeral Directing, 379 Mass. 368, 372 (1979); Mobil Oil Corp. v. Attorney Gen., 361 Mass. 401, 413 (1972). … See Kvitka v. Board of Registration in Medicine, ante 140, 143 (1990). The phrases in question are descriptive, not restrictive.

Wallis v. Carpenter

95 Mass. 19 · Massachusetts Supreme Judicial Court · Oct 15, 1866

Milne v. Gratrix, 7 East, 607. Green v. Pole, 6 Bing. 443. Allen v. Watson, 16 Johns. 205 . Frets v. Frets, 1 Cow. 335 . But when the submission is under seal, the revocation must also be under seal. Van Antwerp v. … Brown v. Leavitt, 26 Maine, 251. The same rule applies to it in this respect as to any other power of attorney. In this case the revocation was not under seal, and therefore it was ineffectual.

Commonwealth v. Wheeler

315 Mass. 394 · Massachusetts Supreme Judicial Court · Jan 31, 1944

See Commonwealth v. Sholes, 13 Allen, 554 , 558; Commonwealth v. Wood, 11 Gray, 85 , 92; Commonwealth v. Thompson, 108 Mass. 461, 463 ; Commonwealth v. Leger, 264 Mass. 217, 220 ; State v. Rudman, 126 Maine, 177. … Commonwealth v. Brown, 121 Mass. 69, 77, 82 . There was no error in admitting evidence of the accepted medical practice as to consultation before performing an abortion and as to the proper place for performing one.

Parker v. Middlesex Mutual Assurance Co.

179 Mass. 528 · Massachusetts Supreme Judicial Court · Oct 15, 1901

Co. v. Travelers' Ins. Co. 171 Mass. 357 . Kimball v. Howard Ins. Co. 8 Gray, 33 . Smith v. Newburyport Ins. Co. 4 Mass. 668 . Howland v. India Ins. Co. 131 Mass. 239 . Bennett v. Lycoming County Mutual Ins. Co. 67 N. … Quinlan v. Providence Washington Ins. Co. 133 N. Y. 356 . Brown v. London Assurance Co. 40 Hun, 101 . Whitehurst v. North Carolina Mutual Ins. Co. 7 Jones, (N. C.) 433. Railway Passenger Assurance Co. v.

Noonan v. Selectmen of Brookline

343 Mass. 461 · Massachusetts Supreme Judicial Court · Jan 12, 1962

See Carr v. Board of Appeals of Medford, 334 Mass. 77, 79-81 ; State Bd. of Retirement v. Contributory Retirement Appeal Bd. 342 Mass. 58, 59 , Sharpe v. Registrars of Voters of Northampton, 342 Mass. 620, 622 . … Wolf v. Hope, 210 Ill. 50, 58 . Attorney Gen. v. Newell, 85 *463 Maine, 246, 251. See Smith v. Board of Appeals of Plymouth, 340 Mass. 230,233-234 ; Lewis v. Board of Councilmen of Frankfort, 305 Ky. 509, 510-511 .