Case law

Doyle v. West End Street Railway Co.

161 Mass. 533 · Massachusetts Supreme Judicial Court · Jun 21, 1894

In effect, the presiding justice was asked to rule that certain supposed facts would of themselves amount to an “ appearance of danger ” within the meaning of the regulation of the board of aldermen, and that it was then … The principal objection of the plaintiff is to the reference made by the presiding judge to the case of Chisholm v. Old Colony Railroad, 159 Mass. 3 .

Downey v. Union Trust Co.

312 Mass. 405 · Massachusetts Supreme Judicial Court · Nov 30, 1942

Scott, 172 Mass. 356 ; Henshaw v. Brown, 299 Mass. 136 ; Spaulding v. McConnell, 307 Mass. 144 ; and a creditor whose claim is barred by this statute is not entitled to relief under G. L. (Ter. … In that case the plaintiff, who was suing the estate of his father for board and care furnished to the father pursuant to an oral contract by which the father agreed to devise certain real estate to him, offered in evidence

Thompson v. City of Boston

148 Mass. 387 · Massachusetts Supreme Judicial Court · Jan 5, 1889

The respondent called as a witness the chairman of the board of assessors of the city of Boston, who testified as to the value of the land in controversy. … Shattuck v. Stoneham Branch Railroad, 6 Allen, 115 . *389 The evidence offered, therefore, was not admissible as substantive evidence of the value of the land taken.

Joughin v. Federal Motor Transportation Co.

279 Mass. 408 · Massachusetts Supreme Judicial Court · Jun 27, 1932

Hennessey v. Taylor, 189 Mass. 583, 585 . Jeddrey v. Boston & Northern Street Railway, 198 Mass. 232, 235 . Gadbois v. Bay State Street Railway, 216 Mass. 188, 190 . Renwick v. … the purpose of alighting or boarding.”

Bell v. American Protective League

28 L.R.A. 452 · Massachusetts Supreme Judicial Court · May 28, 1895

See Abbott v. Stearns, 139 Mass. 168 . … See Attorney General v. Life & Fire Ins. Co. 4 Paige, 224; Booth v. Clark, 17 How. 322, 331 .

Cunningham v. Commissioner of Banks

249 Mass. 401 · Massachusetts Supreme Judicial Court · Jun 4, 1924

Brown, 284 Fed. Rep. 936), or when the latter class *411 bought their notes. … Cunningham v. Brown, decided by the Supreme Court of the United States on April 28, 1924, 265 U. S. 1 . It is a matter of indifference whether the overdrafts were used to pay matured or unmatured notes of the bankrupt.

B. F. Huntley Furniture Co. v. Parker

291 Mass. 339 · Massachusetts Supreme Judicial Court · Jun 26, 1935

Commonwealth v. Badlam, 9 Pick. 362 . Frost’s Case, 127 Mass. 550, 554 . Brown’s Case, 173 Mass. 498 . Simon v. Justices of the Municipal Court, 224 Mass. 122 . Howard v. Roach, 226 Mass. 80 . Root v. … Inc. v. Batchelder, 220 Mass. 42 ; Commissioner of Corporations & Taxation v. Cooperative League of America, 246 Mass. 235 , and Commonwealth v. New York Central & Hudson River Railroad, 206 Mass. 417, 428 .

Barnes v. Peck

283 Mass. 618 · Massachusetts Supreme Judicial Court · Sep 11, 1933

Frost Coal Co. v. Boston, 259 Mass. 354 . The statute was duly accepted by the city and the board of water commissioners were authorized to make the taking. … It is required by St. 1906, c. 317, § 6, that after taking any property the board of water commissioners of the city “shall notify the owner or owners thereof, if known to them.”

Gregory v. Maine Central Railroad

317 Mass. 636 · Massachusetts Supreme Judicial Court · Feb 6, 1945

Brown, 302 Mass. 432, 433 . Murphy v. Smith, 307 Mass. *640 64, 65 . Legere v. Tatro, 315 Mass. 141 . … Levy v. Steiger, 233 Mass. 600 . Smith v. Brown, 302 Mass. 432, 433 . Russell v. Berger, 314 Mass. 500, 502 , Palmer v. Hoffman, 318 U. S. 109, 117 . Sampson v. Channell, 110 Fed. (2d) 754, 128 Am. L.

Morton v. Dobson

307 Mass. 394 · Massachusetts Supreme Judicial Court · Nov 25, 1940

The issue of her due care is an affirmative defence and she was bound to prove the due care of her employee in operating her automobile, Bullard v. Boston Elevated Railway, 226 Mass. 262 ; Pitman & Brown Co. v. … Barrows v. Checker Taxi Co. 290 Mass. 231 . Bresnick v. Heath, 292 Mass. 293 . Avery v. R. E. Guerin Trucking Co. Inc. 304 Mass. 500 . Gibbons v. Denoncourt, 297 Mass. 448 . Cohen v. Martin, 298 Mass. 425 .

Franklin Square House v. Siskind

322 Mass. 556 · Massachusetts Supreme Judicial Court · Apr 1, 1948

Sylvester v. Newton, 321 Mass. 416 . … Coolidge, 99 Mass. 191 , have, in cases like Gardiner v. Savage, 182 Mass. 521 , and Brown v. Farmer, 184 Mass. 136 , been construed to refer to members of a class distributively or disjunctively.

Commonwealth v. Nanny

462 Mass. 798 · Massachusetts Supreme Judicial Court · Jul 16, 2012

Commonwealth v. Brown, 431 Mass. 772, 775 (2000), citing Victor V v. Commonwealth, 423 Mass. 793, 794 (1996). “Of course, this meaning must be reasonable and supported by the purpose and history of the statute.” … Commonwealth v. Brown, supra.

Second National Bank v. First National Bank

289 Mass. 368 · Massachusetts Supreme Judicial Court · Jan 31, 1935

(Citing Brown v. Spring, 241 Mass. 565, 568 .) 2. The gifts over to the “persons named” go in the cases of the trusts set up in the fourth article to trustees and not directly to the named cestuis of the trusts. … Brown v. Spring, 241 Mass. 565, 568 , and cases there cited. Bosworth v. Stockbridge, 189 Mass. 266 . There is nothing in the Kent will indicating an intention that the gifts be contingent.

In re Scola

460 Mass. 1003 · Massachusetts Supreme Judicial Court · Jul 15, 2011

The board expressly found that there was no commingling. … The Board of Bar Overseers (board) adopted the committee’s findings of fact, conclusions of law, and proposed sanction.

Johnston v. Bay State Street Railway Co.

222 Mass. 583 · Massachusetts Supreme Judicial Court · Feb 10, 1916

Brown v. Thayer, 212 Mass. 392 . Boott Mills v. Boston & Maine Railroad, 218 Mass. 582 . … Detroit & Milwaukee Railroad v. Van Steinburg, 17 Mich. 99 . Johnse n v. Oakland, San Leandro & Haywards Electric Railway, 127 Cal. 608 . Miller v. Jenness, 84 Kans. 608 . State v. Watson, 216 Mo. 420 . Stone v.

Worcester District Stewards New England Conference of Methodist Episcopal Church v. Assessors of Worcester

321 Mass. 482 · Massachusetts Supreme Judicial Court · Jun 25, 1947

This is an appeal by the Worcester District Stewards New England Conference of Methodist Episcopal Church, hereinafter referred to as the taxpayers, from a decision of the Appellate Tax Board for the assessors, denying partial … Assessors of Boston v. Old South Society in Boston, 314 Mass. 364, 366 . See East Orange v. Church of Our Lady of The Most Blessed Sacrament, 21 N. J. Misc. 374, 376-377; State v. Kittle, 87 W. Va. 526, 529 .

Forbes v. Appleton

59 Allen 115 · Massachusetts Supreme Judicial Court · Nov 15, 1849

Many cases bearing upon this point will be found cited and commented upon in the cases of Preston v. Boston, 12 Pick. 7 , and Boston & Sandwich Glass Co. v. Boston, 4 Met. 181 . … Brown v. McKinally, 1 Esp. R. 279. We perceive nothing in the present case to distinguish it from the ordinary case of a payment of a controverted demand.

Kenyon v. City of Chicopee

320 Mass. 528 · Massachusetts Supreme Judicial Court · Dec 9, 1946

See Kelley v. Board of Health of Peabody, 248 Mass. 165, 168 ; Mullholland v. State Racing Commission, 295 Mass. 286, 290 ; Mayor of Cambridge *533 v. Dean, 300 Mass. 174, 175 . See, however, Shuman v. … See Watertown v. Mayo, 109 Mass. 315, 319-320 ; Worcester Board of Health v. Tupper, 210 Mass. 378, 382-383 ; Lexington v. Bean, 272 Mass. 547, 554 ; Mayor of Cambridge v. Dean, 300 Mass. 174, 175-176 ; Pitman v.

Gaeta v. National Fire Insurance Co. of Hartford

410 Mass. 592 · Massachusetts Supreme Judicial Court · Jul 9, 1991

Furthermore, according to § 15, no pretrial settlement of a third-party tort action “shall be made . . . without the approval of either the board, the reviewing board, or the court in which the action has been commenced after … See Ferrari v. Toto, 383 Mass. 36, 37 (1981). “Covered claims” do not include claims for amounts due to insurers. G. L. c. 175D, § 1 (2). Ferrari v. Toto, supra.

Hennessey v. City of New Bedford

153 Mass. 260 · Massachusetts Supreme Judicial Court · Feb 25, 1891

Walcott v. Swampscott, 1 Allen, 101 . … See Barney v. Lowell, 98 Mass. 570 ; Prince v. Lynn, 149 Mass. 193 . Judgment for the defendant.