Case law

Jaffarian v. Building Commissioner of Somerville

275 Mass. 267 · Massachusetts Supreme Judicial Court · Apr 2, 1931

Cases like Wyeth v. Cambridge Board of Health, 200 Mass. 474 , Kilgour v. Gratto, 224 Mass. 78 , and cases there cited, and Cawley v. Northern Waste Co. 239 Mass. 540 , are entirely distinguishable. … The licensing board rightly could demand observation and examination in considerable detail of the building itself as a condition precedent to granting the license. See in this connection Cheney v.

Conway v. Murphy

287 Mass. 536 · Massachusetts Supreme Judicial Court · Sep 12, 1934

Massachusetts Drug Co. v. Bencks, 256 Mass. 535 . The filing of the draft report was dependent for its validity upon the precedent filing of a request for report. See Krock v. Consolidated Mines & Power Co. … See Lawrence v. Board of Registration in Medi *538 cine, 239 Mass. 424, 427 .

Sweetman v. Barrows

263 Mass. 349 · Massachusetts Supreme Judicial Court · Apr 11, 1928

On cross-examination the plaintiff testified that he appeared before the executive board; that Barrows, Moulton, Gray, Heath Nuzzolo, and Bixgorme were present at this meeting and “The executive board said . . . … Nagle v. Driver, 256 Mass. 537 , and Paulino v.

Massachusetts Bonding & Insurance v. Commissioner of Insurance

329 Mass. 265 · Massachusetts Supreme Judicial Court · Sep 11, 1952

Banton v. Belt Line Railway, 268 U. S. 413, 423 . Denver Union Stock Yard Co. v. United States, 304 U. S. 470, 483 , and cases cited. See New England Telephone & Telegraph Co. v. … Interstate Commerce Commission v. Union Pacific Railroad, 222 U. S. 541, 547 . New York, Chicago & St. Louis Railroad v. Public Service Commission of Indiana, 209 Ind. 466 . Anchor Coal Co. v.

Selvetti v. Building Inspector of Revere

353 Mass. 645 · Massachusetts Supreme Judicial Court · Feb 7, 1968

White v. Maynard, 111 Mass. 250 . Adler v. Northern Hotel Co. 80 F. Supp. 776, 780 (N. D. Ill.) … See Norcross v. Board of Appeal of the Bldg. Dept. of Boston, 255 Mass. 177, 182-183 . This, however, is not an appropriate proceeding to enforce *649 c. 143.

Mellen v. Johnson

322 Mass. 236 · Massachusetts Supreme Judicial Court · Jan 5, 1948

Smith v. Gowdy, 8 Allen, 566 , 567. Montgomery Ward & Co. v. Johnson, 209 Mass. 89, 91 . Brighton Packing Co. v. Butchers’ Slaughtering & Melting Association, 211 Mass. 398, 405 . Cronin v. … Hough v. Brown, 19 N. Y. 111, 114-115 . Patrick v. Kleine, 127 Misc. (N. Y.) 88. Moulton v. Kershaw, 59 Wis. 316, 320 . Restatement: Contracts, § 25, comment a, illustration 4.

James F. Monaghan Inc. v. M. Lowenstein & Sons Inc.

290 Mass. 331 · Massachusetts Supreme Judicial Court · Mar 29, 1935

Manning v. Leland, 153 Mass. 510, 512 . Huntress v. Hanley, 195 Mass. 236, 241 . E. V. Harman & Co. v. William Filene’s Sons Co. 232 Mass. 52, 55 . Childs, Jeffries & Co. Inc. v. Bright, 283 Mass. 283, 295 . Sheehan v. … Brown v. Henry, 172 Mass. 559, 568 . If Weiller had merely solicited gratuitous information, as he maintained, the defendant was not concerned, and there was nothing to ratify or repudiate.

City of Boston v. Union Freight Railroad

181 Mass. 205 · Massachusetts Supreme Judicial Court · Apr 2, 1902

Doc. 1872, House, No. 219; Thornton v. Marginal Freight Railway, 123 Mass. 32 . … In the charter of the Marginal Company the provision was that the cars should be drawn only by horse power, unless the use of other power should be sanctioned by the board of aldermen. St. 1867, c. 170, § 3.

Ladd v. Rogers

93 Mass. 209 · Massachusetts Supreme Judicial Court · Oct 15, 1865

In New Hampshire, the same rule was adopted in Hitt v. Davis, 3 N. H. 384. … Allen v. Ford, 19 Pick. 217 . Brown v. Holbrook, 4 Gray, 102 . Berkshire Glass Co. v. Wolcott, 2 Allen, 227 . We think these cases applicable to the case at bar.

American Institute for Economic Research v. Assessors of Great Barrington

328 Mass. 651 · Massachusetts Supreme Judicial Court · Nov 29, 1951

The board found that the taxpayer had “not maintained the burden of showing that it comes within the provisions of the exemption statute, G. L. (Ter. … We considered an appeal by the petitioner from a decision by the board relating to the assessment of the 1946 tax on the same property in American Institute for Economic Research v.

Mason v. Lothrop

73 Mass. 354 · Massachusetts Supreme Judicial Court · Oct 15, 1856

; Fisher v. … The point of the constitutionality of the section in question was settled by this court in Jones v. Root, 6 Gray, 435 . Exceptions and motion in arrest overruled.

Fanciullo v. B. G. & S. Theatre Corp.

297 Mass. 44 · Massachusetts Supreme Judicial Court · Mar 29, 1937

Robinson v. Doe, 224 Mass. 319 . Murphy v. Bay State Wine & Spirit Co. 212 Mass. 285 . Grant v. Singer Manuf. Co. 190 Mass. 489 . Zerngis v. H. P. Hood & Sons, 255 Mass. 603 . Champion v. Shaw, 258 Mass. 9 . Howe v. … Obertoni v. Boston & Maine Railroad, 186 Mass. 481 . McCarthy v. Timmins, 178 Mass. 378 . Stone v. Commonwealth Coal Co. 259 Mass. 360 . Brown v. Jarvis Engineering Co. 166 Mass. 75 . Brown v.

Whiting v. Brastow

21 Mass. 310 · Massachusetts Supreme Judicial Court · Nov 4, 1826

See 20 Hen. 7 . 13; 21 Hen. 7 . 26, 27; Poole’s case, 1 Salk. 368; Ex parte Quincy, 1 Atk. 477; Elwes v. Maw, 3 East, 48; Lee v. Risdon, 7 Taunt. 190; Colegrave v. Dios Santos, 2 Barn. & Cressw. 76; Lyde v. … The padlock and the boards would both seem to come within this definition. See 4 Kent’s Comm. (3d ed.) 345; 2 Stark. Ev. (5th Amer. ed.) 908, a 'S); 10 Amer. Jurist, 56 to 31; Van Ness v. Pacard, 2 Peters, 143 .

Gilmore v. Williams

162 Mass. 351 · Massachusetts Supreme Judicial Court · Nov 27, 1894

He might rescind the contract, return the property, and recover back his money; Bryant v. … Smith v. Palmer, 6 Cush. 513 . Gook v. Castner, 9 Cush. 266 , 277. Star Glass Co. v. Morey, 108 Mass. 570, 573 . Hunt v. Brown, 146 Mass. 253, 255 . Fiske v. Steele, 152 Mass. 260 . Riley v. Hale, 158 Mass. 240, 246 .

Sharpe v. Registrars of Voters of Northampton

342 Mass. 620 · Massachusetts Supreme Judicial Court · May 9, 1961

Brewster v. Sherman, 195 Mass. 222, 224 . Brooks v. Secretary of the Commonwealth, 257 Mass. 91, 92-93 . Horton v. Attorney Gen. 269 Mass. 503, 508-509 . Compton v. State Ballot Law Commn. 311 Mass. 643 . Morrissey v. … New England Box Co. v. C & R Constr. Co. 313 Mass. 696, 701-702 . Kenney v. McDonough, 315 Mass. 689, 693-694 . See Carr v. Board of Appeals of Medford, 334 Mass. 77 .

KES Brockton, Inc. v. Department of Public Utilities

416 Mass. 158 · Massachusetts Supreme Judicial Court · Aug 13, 1993

Corp. v. … Citing Milligan v. Board of Registration in Pharmacy, 348 Mass. 491 (1965); Borden, Inc. v. Commissioner of Pub. Health, 388 Mass. 707 , cert. denied sub nom. Formaldehyde Inst., Inc. v.

Dickinson v. Leominster Savings Bank

152 Mass. 49 · Massachusetts Supreme Judicial Court · Jun 21, 1890

See Miles v. Boyden, 3 Pick. 213 . It is contended that, in order to bring this case within the statute, it is necessary that the trustees or committee of investment as a board should have authorized the payments. … Merriam v. Hassam, 14 Allen, 516 . Childs v. Jordan, 106 Mass. 321 . Jones v. McDermott, 114 Mass. 400 . Davis v. Coburn, 128 Mass. 377 . French v. Merrill, 132 Mass. 525 .

Boden v. Boston Elevated Railway Co.

205 Mass. 504 · Massachusetts Supreme Judicial Court · May 17, 1910

The principle stated in Legge v. … See also Lowery v. Walker, [1910] 1 K. B. 173. Then follows a citation of cases.

Drury v. Butler

171 Mass. 171 · Massachusetts Supreme Judicial Court · May 19, 1898

It had complied with § 2 of the statute, which provides that no act shall be done in the construction of a sewer *173 until the system and location have been approved by the State board of health, after a hearing, the time … Fisher v. Attleborough School District, 4 Cush. 494 . Lynch v. Forbes, 161 Mass. 302, 309 . The plaintiff acquired a right to recover damages for the taking. 2.

Johnson v. Rosengard

299 Mass. 375 · Massachusetts Supreme Judicial Court · Feb 2, 1938

It was intimated in McArthur v. … See also Sederquist v. Brown, 225 Mass. 217 , as to special attachments. But those cases were exceptional. G. L. (Ter.