Case law

Reckis v. Johnson & Johnson

471 Mass. 272 · Massachusetts Supreme Judicial Court · Apr 17, 2015

that the witness was qualified to testify" (emphasis in original). … In any event, we have found Tackett qualified to testify as to specific medical causation.

Lincoln v. Commonwealth

164 Mass. 368 · Massachusetts Supreme Judicial Court · Oct 17, 1895

A disadvantageous change in the shape or size of what remains clearly is a matter for compensation. And the principle which warrants such allowances was held logically enough in Walker v. … But the question is a practical one, and the mere intervention of a way legally established, but not visible on the surface of the ground, is not conclusive.

Goodrich v. Davis

52 Mass. 40 · Massachusetts Supreme Judicial Court · Sep 15, 1846

Certain it is, that the extent to which the question of libel or no libel was formerly referred to the court exclusively, as a matter of law, has latterly been much qualified, and the jury are often called upon to decide … So far as it was evidence tending to show that the plaintiff was the editor o°f the Massachusetts Cataract, and thus establishing the application of the libel to the plaintiff, it was clearly competent; beyond that, the evidence

Garcia v. Dep't of Hous. & Cmty. Dev.

480 Mass. 736 · Massachusetts Supreme Judicial Court · Oct 11, 2018

"[I]t is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed **749 its benefits." Henrietta D. v. … But the record before us already establishes the grounds for the very narrow preliminary injunction that I propose today.

Wang Laboratories, Inc. v. Business Incentives, Inc.

398 Mass. 854 · Massachusetts Supreme Judicial Court · Dec 30, 1986

A negligent unfair act or practice does not qualify for multiple damages. But the focus in this case should not be solely on the conduct of Wang’s executives. It should be on the conduct *859 of Joseph as well. … These findings establish that Joseph’s conduct was the kind of conduct he was employed to perform and that it occurred within the authorized limits of time and space.

Blanchard v. Stearns

46 Mass. 298 · Massachusetts Supreme Judicial Court · Nov 15, 1842

But they establish several prerequisites, to be observed by all persons claiming the right to vote, which, without in the least impairing the rights of qualified voters, may contribute considerably to the protection and security … evidence offered at the trial may have been much stronger than that furnished to the selectmen, before the meeting ; and therefore the jury might have found, consistently with these instructions, that the plaintiff had now clearly

Milliken v. Town of Littleton

361 Mass. 576 · Massachusetts Supreme Judicial Court · Apr 10, 1972

Towns may establish public libraries “and may re *579 ceive . . . any gift. . . therefor.” G. L. c. 78, § 7. … S. 488 (see fn. 5) may be applied in striking down restrictions (expressed in sectarian terms) on the persons qualified to perform quasi public or fiduciary functions with reference to the library.

Commonwealth v. Long

482 Mass. 804 · Massachusetts Supreme Judicial Court · Aug 12, 2019

The officers established a perimeter around the warehouse. … P. 34 before circumstances had been established by trial).

Ocean Spray Cranberries, Inc. v. Massachusetts Commission Against Discrimination

441 Mass. 632 · Massachusetts Supreme Judicial Court · May 12, 2004

He concluded that Rapoza’s impaired vision qualified him as a “handicapped person” under G. … The hearing commissioner’s opinion clearly states that Rapoza suggested that he move to a different area of the plant, but does not state precisely to whom he made this request.

Nissan Motor Corp. in U.S.A. v. Commissioner of Revenue

407 Mass. 153 · Massachusetts Supreme Judicial Court · Apr 4, 1990

Nissan, clearly having filed its abatement applications after the deadlines established by c. 62C, § 37, seeks to avoid the application of this principle of law, by asking this court, (a) to engraft a “discovery rule” onto … The commerce clause does not grant immunity to foreign corporations from such State taxation that does not directly oppress interstate commerce. Commissioner of Corps. & Taxation v. Ford Motor Co., supra at 570.

Mendoza v. Licensing Board

444 Mass. 188 · Massachusetts Supreme Judicial Court · May 11, 2005

Glen Theatre, Inc., 501 U.S. 560 (1991) (describing why nude and erotic dancing qualify as “expression” with references to historical and cultural sources). … The trial judge correctly ruled that Mendoza was a “prevailing party” and thus qualified for a discretionary award of attorney’s fees. 5. Conclusion.

Fordyce v. Town of Hanover

457 Mass. 248 · Massachusetts Supreme Judicial Court · Jul 9, 2010

“The prequalification committee shall select a minimum of [three] qualified general contractors to submit bids . . . Id. … law unless the intent to do so is clearly expressed.”

Shamban v. Masidlover

429 Mass. 50 · Massachusetts Supreme Judicial Court · Feb 19, 1999

L. c. 188, § 1A and § 1, establishes two State exemptions. Under G. … Thus, we conclude the Legislature clearly intended to distinguish in § 1A between elderly and disabled declarants.

Commonwealth v. Tarrant

367 Mass. 411 · Massachusetts Supreme Judicial Court · Apr 15, 1975

rule on the issue, it seems apparent that the motion for a directed verdict, was also properly denied because the indictment *414 alleged that the defendant was armed with both a knife and a dog, and there was evidence to establish … We apply the same analysis here. 3 However, we agree with the defendant that where it appears that the instrumentality is not in its ordinary use designed to produce death or serious bodily injury, therefore qualifying as

Commonwealth v. Ortiz

393 Mass. 523 · Massachusetts Supreme Judicial Court · Dec 17, 1984

Figueroa was granted immunity at the request of the Commonwealth, but ultimately testified for the defense. … Although prior reported testimony may qualify as an exception to the hearsay rule, Commonwealth v.

Commonwealth v. Tevlin

433 Mass. 305 · Massachusetts Supreme Judicial Court · Jan 30, 2001

We reject the defendant’s claim that there was insufficient evidence to establish that his sneakers had been employed as a dangerous weapon. … If so, the sister-in-law’s testimony, admitted without objection to its hearsay aspect, established the degree of force.

Tax Collector of North Reading v. Reading

366 Mass. 438 · Massachusetts Supreme Judicial Court · Dec 3, 1974

Where the Legislature intended to provide for the payment of taxes or payments in lieu thereof it has clearly so provided. For example, G. … could also tax the personal property held within their territorial limits. 2 Since a municipality would obviously not tax property owned by it and held within its territorial limits, § 47 insures the municipality the same immunity

Angell v. Springfield Home for Aged Women

157 Mass. 241 · Massachusetts Supreme Judicial Court · Oct 20, 1892

Margaret was appointed administratrix of the estate of Justin on May 7, 1890, but never qualified. … The gift of the dividends and income of the shares to that amount was clearly intended as an absolute gift of the shares; Chase v.

Connors v. Annino

460 Mass. 790 · Massachusetts Supreme Judicial Court · Oct 26, 2011

For purposes of § 8, the issuance of a building permit qualifies as an “order or decision of the inspector of buildings, or other administrative official,” see Gallivan, 71 Mass. App. … second paragraph of § 7, with its lengthy description of what is to happen when an enforcement action seeks to remove a structure already built pursuant to an issued building permit, also supports this view, focusing, as it clearly

Commonwealth v. Walczak

463 Mass. 808 · Massachusetts Supreme Judicial Court · Dec 12, 2012

presentment and indictment of a grand jury, in case of high offences, is justly regarded as one of the securities to the innocent against hasty, malicious and oppressive public prosecutions, and as one of the ancient immunities … Div.), cert. denied, 167 N.J. 635 (2001) (prosecutor owes duty to instruct grand jury on possible defenses “only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction