Case law

Bruso v. Eastern States Exposition

269 Mass. 21 · Massachusetts Supreme Judicial Court · Oct 3, 1929

The explosive powder which caused the injury was found by the plaintiff wrapped in brown paper which appeared to be scorched. It was near an unloading wall on the defendant’s grounds. This powder was ahiminum in color. … Wentzell v. Boston Elevated Railway, 230 Mass. 275,277 . O’Brien v. Union Freight Railroad, 209 Mass. 449 . McIntyre v. Converse, 238 Mass. 592 .

Clarke v. Rathbone

221 Mass. 574 · Massachusetts Supreme Judicial Court · Sep 16, 1915

Metcalf v. Framingham Parish, 128 Mass. 370 . King v. Viscoloid Co. 219 Mass. 420 . … See Brown v. Wright, 168 Mass. 506 . The result is that the plaintiffs should be instructed to distribute the principal of the trust fund among the ten defendants, Mary B. Rathbone, Katherine H. Muller, Katherine B.

Lynch v. Pennsylvania Railroad

320 Mass. 694 · Massachusetts Supreme Judicial Court · Jan 30, 1947

.- The plaintiff boarded the train at Boston, and placed the suit *695 case in a rack above her seat. … The case is governed, not by Dawley v. Wagner Palace Car Co. 169 Mass. 315 , but rather by Whicker v. Boston & Albany Railroad, 176 Mass. 275 . Order dismissing report affirmed„•

Niles v. Hancock

44 Mass. 568 · Massachusetts Supreme Judicial Court · Mar 15, 1842

Putnam v. Longley, 11 Pick. 489 . Slasson v. Brown, 20 Pick. 436 . … Putnam v. Longley, and Slasson v. Brown, were both cases where the defect in the notice to the creditqr appeared on the face of the returns, and was therefore allowed to avail him.

Adamowicz v. Town of Ipswich

395 Mass. 757 · Massachusetts Supreme Judicial Court · Aug 22, 1985

Board of Health of Haverhill, 324 Mass. 129, 133 (1949), the sentence means that the status of the lot immediately prior to the zoning change is controlling. … See Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1,7-8 (1981); Girard v. Board of Appeals of Easton, 14 Mass. App.

Parker v. Boston Elevated Railway Co.

273 Mass. 345 · Massachusetts Supreme Judicial Court · Nov 26, 1930

This is an action of tort to recover compensation for personal injuries alleged to have been received by the plaintiff while a passenger of the defendant attempting to board a car in the Park Street station of the subway. … The case at bar falls within the authority of the class of cases illustrated by Boyd v. Boston Elevated Railway, 264 Mass. 364 , where many cases are collected. Judgment for defendant.

Carpenter v. Walker

140 Mass. 416 · Massachusetts Supreme Judicial Court · Jan 5, 1886

Elwes v. Maw, 3 East, 38; S. C. 2 Smith Lead. Cas. (8th Am. ed.) 191. Fisher v. Dixon, 12 Cl. & Fin. 312, 328, & seq. Mather v. Fraser, 2 K. & J. 536. Walmsley v. Milne, 7 C. B. (N. S.) 115. Gribson v. … Climie v. Wood, L. R. 4 Ex. 328. Holland v. Hodgson, L. R. 7 C. P. 328. Meux v. Jacobs, L. R. 7 H. L. 481, 490.

Young v. Orpheus

119 Mass. 179 · Massachusetts Supreme Judicial Court · Nov 27, 1875

Rogers v. Currier, 13 Gray, 129 , 132. Barstow v. Robinson, 2 Allen, 605 . Jones v. Keen, 115 Mass. 170, 184, 185 . … Hubbard v. Brown, 8 Allen, 590 . Story v. Buffum, 8 Allen, 35 , 37. Jones v. Keen, 115 Mass. 181 .

Coates v. Lunt

210 Mass. 314 · Massachusetts Supreme Judicial Court · Nov 29, 1911

Although the instrument is signed by only one of the daughters, and it may be assumed that a strictly legal execution of the power would have required the signature of both as the trustees, (Morville v. … Brown v. Cowell, 116 Mass. 461 . The allegations of the bill are within this principle. The statute of frauds is not applicable to the case of an executed contract.

Crimmins v. Armstrong Transfer Express Co.

217 Mass. 155 · Massachusetts Supreme Judicial Court · Feb 27, 1914

McDonald v. Bowditch, 201 Mass. 339 . … Murphy v. Armstrong Transfer Co. 167 Mass. 199 . Hennessey v. Taylor, 189 Mass. 583 . Donovan v. Bernhard, 208 Mass. 181 . Shipelis v. Cody, 214 Mass. 452 .

Selectmen of Lakeville v. Alcoholic Beverages Control Commission

329 Mass. 769 · Massachusetts Supreme Judicial Court · Jan 28, 1953

The case comes within the principle illustrated by such cases as Mullholland v. State Racing Commission, 295 Mass. 286, 289 , and Henderson v. Mayor of Medford, 321 Mass. 732 . … It does not fall within the principle formulated in Kenworthy & Taylor, Inc. v.

Lynch v. Abraham

371 Mass. 892 · Massachusetts Supreme Judicial Court · Oct 28, 1976

The case was presented on a stipulation of facts which indicated that the lawful rent for the leased premises, a “controlled rental unit,” had been established in October, 1971, by the rent control board of Brookline at $300 … Although the demand for the overcharge was made before our decision that the Rent Control Act applied to leases executed prior to the enactment of that act (Huard v. Forest St.

Fox of Boylston Street Ltd. Partnership v. Mayor of Boston

418 Mass. 816 · Massachusetts Supreme Judicial Court · Nov 14, 1994

Bank, N.A. v. Jones, 413 Mass. 654, 661 (1992) (G. L. c. 203, § 14A [1992 ed.], limiting personal liability of trustees, does not apply to the trustees of a Massachusetts business trust); Apahouser Lock & Sec. Corp. v. … General Laws c. 260, § 11, bars the action, however, whether the city was the defendant as trustee or the five members of the board of trustees of the fund were the de *820 fendants, as agents for the city (see Boston v.

E. J. Fitzwilliam Co. v. Commonwealth

258 Mass. 103 · Massachusetts Supreme Judicial Court · Jan 3, 1927

Browne v. Turner, 176 Mass. 9, 12 . Davis v. Smith-Springfield Body Corp. 250 Mass. 278, 284 , and cases cited. … Commonwealth v. Intoxicating Liquors, 163 Mass. 42 . Commonwealth v. Intoxicating Liquors, 107 Mass. 396 . Allen v. Staples, 6 Gray, 491 . Commonwealth v. Intoxicating Liquors, 115 Mass. 142 . Commonwealth v.

Hurley's Case

240 Mass. 357 · Massachusetts Supreme Judicial Court · Feb 27, 1922

The partition was made of old boards and there was no roof over the opening between the two buildings. … Bourton v. Beauchamp, [1920] A. C. 1001, 1006, 1007. Barnes v. Nunnery Colliery Co. Ltd. [1912] A. C. 44. Plumb v. Cobden Flour Mills Co. Ltd. [1914] A. C. 62. Lancashire & Yorkshire Railway v. Highley, [1917] A.

Ireland v. Louis K. Liggett Co.

243 Mass. 243 · Massachusetts Supreme Judicial Court · Dec 2, 1922

Henshaw v. Robins, 9 Met. 83 , 88. Brown v. Bigelow, 10 Allen, 242 . Cavanaugh v. D. W. Ranlet Co. 229 Mass. 366 . Morse v. Moore, 83 Maine, 473. … Poland v. Brownell, 131 Mass. 138 . Deming v. Darling, 148 Mass. 504 . Lynch v. Murphy, 171 Mass. 307 .

Woburn Golf & Ski Authority v. Woburn Country Club, Inc.

365 Mass. 415 · Massachusetts Supreme Judicial Court · Jun 11, 1974

Reilly v. School Comm. of Boston, 362 Mass. 689 , 696 and n. 6 (1972). Jenkins v. Guardianship Admr., Ill. Dept. of Children & Family Servs. 364 Mass. 835 (1974). … Evidently the mayor became a member of the board of directors of the Club in January, 1972, and later its president. The custodian also served for a time as a member of the board of directors of the Club.

Corey v. National Ben Franklin Fire Insurance

284 Mass. 283 · Massachusetts Supreme Judicial Court · Oct 25, 1933

Taylor v. Brown, 147 U. S. 640 . When service is to be made or notice given the day of the notice or service is to be included in the computation of time. Loza v. Osmola, 279 Mass. 220, 222 , and cases cited. … Ar *287 nold v. United States, 9 Cranch, 104 .

Mouradian's Case

344 Mass. 753 · Massachusetts Supreme Judicial Court · May 3, 1962

The findings of the single member on adequate evidence, adopted by the reviewing board, established that the employee after his injury was incapable of doing his former heavy work and did do lighter work as a route salesman … Co. v. Stens, 288 Mass. 302, 303 . Powers’s Case, 275 Mass. 515 . That the employee answered affirmatively the question, “Would this be in the nature of a promotion for you?”

Madden v. Berman

324 Mass. 699 · Massachusetts Supreme Judicial Court · Nov 7, 1949

A violation of the statute would be evidence of negligence on the part of the defendant, Feaver v. Railway Express Agency, Inc., ante, 165, Jacobs v. Moniz, 288 Mass. 102 , Gaw v. … Hew Construction Co. 300 Mass. 250, 254 (see also Dean v. Leonard, 323 Mass. 606 ; Munson v.