Case law

Bank v. Satran

266 Mass. 253 · Massachusetts Supreme Judicial Court · Feb 25, 1929

Twenty miles per hour was not thought a grossly negligent speed in Burke v. Cook, 246 Mass. 518 , and Marcienowski v. Sanders, 252 Mass. 65 . “Very fast” falls far short of proving gross negligence, Bertelli v. … In Terlizzi v. Marsh, 258 Mass. 156 , the driver knew that small children were standing upon the running board — not seated in the tonneau of a closed car. Skidding alone is not even evidence of negligence. Williams v.

Nashua River Paper Co. v. Lindsay

242 Mass. 206 · Massachusetts Supreme Judicial Court · Jun 29, 1922

Boyden v. Hill, 198 Mass. 477, 486 . Wood v. Blanchard, 212 Mass. 53, 56 . St. John Brothers Co. v. Falkson, 237 Mass. 399, 402 . … Inc. v. Brown, 237 Mass. 166, 168 . It is enough to say that the question of waiver was not open on the pleadings and does not appear to have been fairly and fully tried.

Fearing v. Jones

149 Mass. 12 · Massachusetts Supreme Judicial Court · Mar 1, 1889

Cushing boarded with the defendant, his wife was in an insane hospital, and he had quarrelled with his daughters. … See Waring v. Edmonds, 11 Md. 424 ; Cutting v. Gilman, 41 N. H. 147. There was no other evidence of delivery, as the defendant did not touch the property in Cushing’s lifetime.

Commonwealth v. Kemp

254 Mass. 190 · Massachusetts Supreme Judicial Court · Jan 4, 1926

In Commonwealth v. … Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299 . Commonwealth v. Breakwater Co. 214 Mass. 10, 13 . Commonwealth v. Nickerson, 236 Mass. 281, 292, 293 .

Mechanics' Savings Bank v. Waite

150 Mass. 234 · Massachusetts Supreme Judicial Court · Nov 29, 1889

Wheeler v. Bowen, 20 Pick. 563 . Boston Bank v. Minot, 3 Met. 507, 509, 510 . Davis v. Davis, 2 Cush. 111 , 114. Capen v. Duggan, 136 Mass. 501, 502 . … . *237 Sts. c. 139, § 22; Brown v.

Savage v. Blanchard

148 Mass. 348 · Massachusetts Supreme Judicial Court · Jan 4, 1889

See Evans v. Powis, 1 Exch. 601, 607; Hunt v. Brown, 146 Mass. 253, 254 . … Peploe v. Galliers, 4 Moore, 163, 165. Spence v. Healey, 8 Exch. 668. Riley v. Riley, Spencer, 114. Mitchell v. Hawley, 4 Denio, 414 .

Wheelock v. Auditor of Suffolk County

130 Mass. 486 · Massachusetts Supreme Judicial Court · Mar 14, 1881

payment thereof,” is intended to regulate the internal administration of municipal affairs, and does not deprive a creditor of his right of action, at least after his claim has been presented to the auditor, and to the board … Lexington v. Mulliken, 7 Gray, 280 . Boyce v. Russell, 2 Cowen, 444. Ex parte Lynch, 2 Hill (N. Y.) 45. Commonwealth v . Commissioners of Allegheny, 16 S. & R. 317. Hester's case, 2 Watts & Serg. 416. State v.

Commonwealth v. Cunneen

389 Mass. 216 · Massachusetts Supreme Judicial Court · May 16, 1983

L. c. 278, § 33E; Commonwealth v. Brown, 387 Mass. 220, 225-227 (1982); Commonwealth v. Brown, 386 Mass. 17, 32-33 (1982); Commonwealth v. Shelley, 381 Mass. 340, 354-355 (1980). Cf. Commonwealth v. … Commonwealth v. Brown, supra at 33. Cf. Commonwealth v.

Hanson & Parker, Ltd. v. Wittenberg

205 Mass. 319 · Massachusetts Supreme Judicial Court · Feb 25, 1910

The coal was to be delivered at Newport News, Virginia, by the railroad as directed by the seller, free on board vessels sent by the buyer, by whom the expenses of transportation were to be paid. … the defendant would not violate his agreement, the plaintiff was not bound upon the arrival of the cargoes to accept the coal if it was not the kind purchased, and it is immaterial whether title passed when it was put on board

Cressey v. Cressey

215 Mass. 65 · Massachusetts Supreme Judicial Court · May 24, 1913

The case at bar is governed by Brown v. … DeWitt v. Harvey, 4 Gray, 486 , 491. Barnes v. Boardman, 157 Mass. 479 . Barnes v. Lynch, 151 Mass. 510, 512 . Frost v. Courtis, 172 Mass. 401, 404 .

White v. Foster

102 Mass. 375 · Massachusetts Supreme Judicial Court · Oct 15, 1869

Claflin v. Carpenter, 4 Met. 583 . Giles v. Simonds, 15 Gray, 441 . Drake v. Wells, 11 Allen, 141 . Delaney v. Root, 99 Mass. 546 . Spurr v. Andrew, 6 Allen, 420 . Browne on St. of Frauds, §§ 249, 251. … Adam v. Briggs Iron Co. 7 Cush. 367.

Pratt v. City of Peabody

281 Mass. 437 · Massachusetts Supreme Judicial Court · Jan 4, 1933

The case is governed by Compton v. Revere, 179 Mass. 413, 414, 415 , Chapman v. Boston, 252 Mass. 404 , Cody v. Boston, 258 Mass. 267 , O'Neil v. Boston, 263 Mass. 55, 57 , McCarthy v. Boston, 266 Mass. 262, 264 . … The cases of Jones v. Collins, 188 Mass. 53 , Stoliker v. Boston, 204 Mass. 522 , Brown v.

Belcher v. Farrar

90 Mass. 325 · Massachusetts Supreme Judicial Court · Jan 15, 1864

Sts. c. 26, § 52, they are expressly authorized and empowered, in their capacity as a board of health, to forbid the exercise of any trade or employment within the limits of the town for which they are chosen, “ which is … Ela v. Smith, 5 Gray, 121 , 136.

Commonwealth v. Cruz

442 Mass. 299 · Massachusetts Supreme Judicial Court · Aug 9, 2004

The motion judge correctly concluded that the confession was the product of the defendant’s free will based on a consideration of the relevant factors set forth in Brown v. … Illinois, 422 U.S. 590, 602-604 (1975), and Commonwealth v.

Campbell v. City of Boston

283 Mass. 365 · Massachusetts Supreme Judicial Court · Jun 27, 1933

Walsh v. Adams, 245 Mass. 1, 6 . Newell v. Rosenberg, 275 Mass. 455, 459 . G. L. (Ter. Ed.) c. 231, § 124. … The rule of Brown v. Grow, 249 Mass. 495 , was inapplicable. There was no controversy as to the amount due the plaintiff for salary for the month in question.

Commonwealth v. Moniz

338 Mass. 442 · Massachusetts Supreme Judicial Court · Jan 22, 1959

Kingsley Books, Inc. v. Brown, 354 U. S. 436, 448 . See Chafee, Government & Mass Communications, 219-221. … S. 587, 588 ; Kingsley Books, Inc. v. Brown, 354 U. S. 436, 445 , and dissenting opinions 445-448. See also Kingsley Intl. Pictures Corp. v. Regents of the Univ. of the State of N. Y. 4 N.

Binney v. Russell

109 Mass. 55 · Massachusetts Supreme Judicial Court · Nov 15, 1871

In United States v. … Reyburn, 6 Pet. 352 , which was an indictment for fitting out a privateer against the Emperor of Brazil, a witness who had seen the captain’s commission on board the vessel was allowed to testify orally to its contents, it

May v. New England Railroad

171 Mass. 367 · Massachusetts Supreme Judicial Court · May 25, 1898

Tisdale v. Brabrook, 102 Mass. 374 . Orthodox Congregational Society v. Greenwich, 145 Mass. 112 . Brown v. Matthews, 117 Mass. 506, 509 . Silsbee v. Salem, 103 Mass. 144 . … Tucker v. Tower, 9 Pick. 109 . Denniston v. Clark, 125 Mass. 216, 221 . Allen v. Boston, 159 Mass. 324 . Butchers’ Slaughtering & Melting Association v. Commonwealth, 163 Mass. 386, 390 .

Leduc v. Commonwealth

421 Mass. 433 · Massachusetts Supreme Judicial Court · Nov 27, 1995

See Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 527-528 (1979). … Board of Registration in Medicine, 387 Mass. 339, 341-342 (1982) (revocation of license to practice medicine nonpunitive); Saxon Coffee Shop, Inc. v.

Glassman v. Hamel

341 Mass. 422 · Massachusetts Supreme Judicial Court · Nov 15, 1960

Inc. 321 Mass. 170, 172 ; Brown v. A. W. Perry Co. 325 Mass. 479, 480-481 ) or whether the defendants were under liability by reason of an express agreement *425 to keep the elevator continuously in repair. … See Burwick v. McClure, 318 Mass. 626, 630 . Cf. Walsh v. Adams, 245 Mass. 1, 5-6 ; Story v. Lyon Realty Corp. 308 Mass. 66, 71 .