Case law

Commonwealth v. Hamilton Manufacturing Co.

94 Mass. 298 · Massachusetts Supreme Judicial Court · Jan 15, 1866

a franchise; and that such aggregate value represents not merely the corporate property, but also the rights, privileges, immunities and benefits of the corporate organization constituting the franchise. … If therefore the mode of valuation tends at all to establish the position that this is a property tax, it tends also to show it to be a tax, not upon the property of the corporation, but rather upon the property of the individual

Marcoux v. Attorney General

375 Mass. 63 · Massachusetts Supreme Judicial Court · Apr 19, 1978

As to the last danger, the difficulty or impossibility of testing drivers for marihuana intoxication could be thought to justify a ban on the substance rather than a qualified regulation of it. … The menace to health and safety is clearly not as grave as was once supposed and, some would say, is minor compared to the dangers of a number of substances not controlled or banned. See J.

Commonwealth v. Lahti

398 Mass. 829 · Massachusetts Supreme Judicial Court · Dec 18, 1986

The judge further found that “[t]he Commonwealth clearly did not ‘coerce’ the children to testify. … Equally well-established precepts qualify this sweeping exclusionary principle, however.

Commonwealth v. Sheppard

313 Mass. 590 · Massachusetts Supreme Judicial Court · Apr 26, 1943

Holt, who qualified as a psychiatrist and who had examined Sheppard on three occasions subsequently to January 1, 1942. … There was no error in the admission of this testimony by a duly qualified psychiatrist who had examined Sheppard.

Taft v. Commonwealth

158 Mass. 526 · Massachusetts Supreme Judicial Court · Apr 3, 1893

The only ground stated for the objection in the first two instances, and seemingly the only one in the last, although that is not quite so clear, was that the witness was not qualified to state his opinion. … Sts. c. 49, § 31,) and to establish it against and in favor of all the world, by a proceeding to which all interested are parties.

Commonwealth v. Williams

364 Mass. 145 · Massachusetts Supreme Judicial Court · Oct 3, 1973

From any standpoint we would establish a potentially mischievous precedent if we were to honor the argument. … This questionnaire clearly met the total requirements of the Miranda rule.

Crocker v. Townsend Oil Co.

464 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 17, 2012

The plaintiffs each signed a contract carrier agreement with Townsend that established the terms of their relationships. … On the one hand, it might suggest that Townsend itself was unaware that plaintiffs might actually qualify as employees.

B. M. C. Durfee Trust Co. v. Taylor

325 Mass. 201 · Massachusetts Supreme Judicial Court · Jan 5, 1950

Reading the third clause in the light of established principles of construction, we are of opinion that it manifests an intention to include after-born grandchildren. The will is inartificially drawn. … At the outset the third clause makes a gift of income to “my grandchildren” with no limiting or qualifying words.

Lumbermens Mutual Casualty Co. v. Belleville Industries, Inc.

407 Mass. 675 · Massachusetts Supreme Judicial Court · Jun 14, 1990

(c) If the answer to question (b) above is yes, what considerations. ought this Court employ in determining which events qualify as ‘sudden’?” Acushnet River, 725 F. Supp. at 1279 . … Ct. 316 , . . . clearly sets forth the procedure which an insurer with a duty to defend must follow to bring that duty to an end.

Commonwealth v. Tavares

459 Mass. 289 · Massachusetts Supreme Judicial Court · Apr 8, 2011

The common qualifying predicate for both of these exceptions is the existence of an investigation concerning a “designated offense.” G. L. c. 272, § 99 B 4 and E 2. … The 1968 amendments clearly “create a more restrictive electronic surveillance statute than comparable statutes in other States.” Commonwealth v. Hyde, supra at 599 , citing Commonwealth v.

Aristocratic Restaurant of Massachusetts, Inc. v. Alcoholic Beverages Control Commission

374 Mass. 547 · Massachusetts Supreme Judicial Court · Mar 3, 1978

This is clearly not the case, as a few examples will demonstrate. … The plaintiffs clearly and forcefully advance the over-breadth argument at several points in their brief and reply brief.

Commonwealth v. Proprietors of New Bedford Bridge

68 Mass. 339 · Massachusetts Supreme Judicial Court · Oct 15, 1854

There is no principle of law which would thus furnish immunity to a corporation. … ordinary rules regulating the interpretation and construction of contracts, it will be found that the extent of the duty imposed on them, respecting the erection and construction of the draws over the channel of the river, is clearly

Harvard Crimson, Inc. v. President & Fellows of Harvard College

445 Mass. 745 · Massachusetts Supreme Judicial Court · Jan 13, 2006

L. c. 66, § 10. 4 The Crimson’s complaint was properly dismissed. 5 The purpose of rule 12 (b) (6) is to permit prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiff’s claim … The qualified officer also shall submit to the department of State police, on a monthly basis, a report setting forth all felonies that have occurred within the jurisdiction of the college or university during the previous

Upham v. Parker

220 Mass. 454 · Massachusetts Supreme Judicial Court · Mar 2, 1915

The plaintiff Thomas Upham was duly appointed and qualified as executor and trustee under the will in May, 1871. The testator’s widow, Harriet M. … appears from the will, is well established.

John Doe v. Sex Offender Registry Bd.

482 Mass. 643 · Massachusetts Supreme Judicial Court · Feb 5, 2019

L. c. 6, § 178C (listing all offenses that qualify as "[s]ex offense" under sex offender registry law). The second incident occurred in May 2014. … In a criminal case, where guilt must be established by proof beyond a reasonable doubt, we require that each **656 element of the offense be established by proof beyond a reasonable doubt. See Commonwealth v.

Commonwealth v. Vuthy Seng

436 Mass. 537 · Massachusetts Supreme Judicial Court · Apr 23, 2002

We concluded that two proper recitations of Miranda warnings did not immunize a statement obtained after the police had advised the defendant “directly contrary” to a required portion of the warning and affirmed the motion … Defense counsel objected to Officer Toun’s translating the form because Toun was not qualified as a court interpreter.

People's National Bank v. Freeman's National Bank

169 Mass. 129 · Massachusetts Supreme Judicial Court · Sep 9, 1897

The evidence of usage was that there is a well known and well established usage among the collecting national banks in Boston to allow parties to whom are addressed packages to which drafts are attached, with instructions … Such a temporary and qualified possession is not a delivery. See Maynard v. Maynard, 10 Mass. 456 ; Mills v. Gore, 20 Pick. 28 ; Markey v. Mutual Benefit Ins. Co. 103 Mass. 78 ; Hawkes v.

Massachusetts Bay Transportation Authority Retirement Board v. State Ethics Commission

414 Mass. 582 · Massachusetts Supreme Judicial Court · Mar 11, 1993

Clearly, these functions, which are fiducial in nature and performed most often by private entities, are not “essentially governmental” functions. … Clearly, the status of the MBTA pension plan under ERISA is simply irrelevant to the board’s status under G. L. c. 268A.

Freyermuth v. Lutfy

376 Mass. 612 · Massachusetts Supreme Judicial Court · Nov 13, 1978

Mezer, a psychiatrist and a duly qualified expert, testified that in his opinion the accident precipitated a recurrence of Mrs. Kendall’s involutional psychosis. The judge so found. There was no error on this point. … The witness: "No, sir, not until I saw her.” 5 The established rule is that where the result of an accident is to activate a dormant or incipient disease, or one to which the injured person is predisposed, the negligence

Boston Gas Light Co. v. Old Colony & Newport Railway Co.

96 Mass. 444 · Massachusetts Supreme Judicial Court · Jan 15, 1867

The first alternative was not much pressed in argument, and clearly cannot be maintained. … They are to judge of the exigency, unless by contract, or by the order of the county commissioners, rights are reserved which limit and qualify their power. Brainard v. Clapp, 10 Cush. 6 .