Case law

City of Newburyport v. Davis

209 Mass. 126 · Massachusetts Supreme Judicial Court · May 19, 1911

Chelmsford Co. v. Demarest, 7 Gray, 1 , 3. Middlesex Manuf. Co. v. Lawrence, 1 Allen, 339 . Lexington & West Cambridge Railroad v. Elwell, 8 Allen, 371 , Singer Manuf. Co. v. … O’Brien v. Murphy, 175 Mass. 253 .

Martin v. Boston Elevated Railway Co.

216 Mass. 361 · Massachusetts Supreme Judicial Court · Jan 9, 1914

The plaintiff’s married daughter and the latter’s little boy boarded the rear vestibule and entered the car. … Sauvan v. Citizens’ Electric Street Railway, 197 Mass. 176 .

Kilgore v. Bruce

166 Mass. 136 · Massachusetts Supreme Judicial Court · May 21, 1896

Commonwealth v. Wood, 342 Mass. 459 . Fairchild v. McMahon, 139 N. Y. 290 . Falsehood as to rents received is similar in principle. Brown v. Castles, 11 Cush. 348 , 350. … Churchill v. Palmer, 115 Mass. 310, 323 . Fairchild v. McMahon, 139 N. Y. 290 . Mundorff v. Wickersham, 63 Penn. St. 87. French v. Ryan, 104 Mich. 625 . Cochran v. Chitwood, 59 Ill. 53 . Knappen v.

Commonwealth v. Flax

259 Mass. 117 · Massachusetts Supreme Judicial Court · Apr 5, 1927

Field v. Gooding, 106 Mass. 310, 313 . Lorain Steel Co. v. Norfolk & Bristol Street Railway, 187 Mass. 500, 505 . … Proprietors of Mills v. Randolph, 157 Mass. 345, 350 . Wheelwright v. Tax Commissioner, 235 Mass. 584, 586 .

Commonwealth v. Woods

76 Mass. 477 · Massachusetts Supreme Judicial Court · Mar 15, 1858

It was somewhat considered in the case of Brown v. Commonwealth, 8 Mass. 59 . The form of indictment was sanctioned in Commonwealth v. … The cases of State v. Ward, 6 N. H. 529, and State v. Hayden, 15 N.

Cavarnos v. Kokkinakis

338 Mass. 355 · Massachusetts Supreme Judicial Court · Jan 14, 1959

Lynch v. Lyons, 303 Mass. 116, 118-119 . Restatement: Torts, §§ 570, 573. Prosser, Torts (2d ed.) § 92. … In Faxon v. School Comm. of Boston, 331 Mass. 531 , it was said, “Neither the school committee *358 nor the court exists in a vacuum.

Ward v. Jenkins

51 Mass. 583 · Massachusetts Supreme Judicial Court · Mar 15, 1846

Cases of this character are found in Brown v. Cuming, 2 Caines, 33 ; Barstow v. Adams, 2 Day, 70; Assignees of Barclay v. Carson, 2 Hayw. 243 ; Kelly v. Holdship, 1 Browne, 36 ; and Sullivan v. Bridge, 1 Mass. 511 . … In Laflin v.

Waters v. Stickney

94 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 15, 1866

In a subsequent case, both of the executors named in the will of William Brown, Jr. died after accepting the trust, the survivor having appointed Joseph Sherburne his executor. … Yet the judge of probate in Essex appointed John Brown administrator de bonis non with the will annexed of William.

Commonwealth v. Snell

189 Mass. 12 · Massachusetts Supreme Judicial Court · Sep 7, 1905

I want you to come down to Horse Neck and board a week with Burden Head. You need money, .so do I, and Burden Head has from sixteen hundred to two thousand dollars. … Kirby had been accustomed to board with Head in this house in summer for many years, and sometimes at other seasons of the year.

Millard v. Inhabitants of Egremont

164 Mass. 430 · Massachusetts Supreme Judicial Court · Oct 18, 1895

Fairbanks v. Fitchburg, 132 Mass. 42, 44 . Collins v. Holyoke, 146 Mass. 298 . … Kimball v. Salem, 111 Mass. 87 .

Johnson v. Griswold

177 Mass. 34 · Massachusetts Supreme Judicial Court · Oct 18, 1900

Rex v. Rippon, Ld. Raym. 563 ; S. C. Salk. 433. Regina v. Lane, Ld. Raym. 1304; 8. C. Fort. 275; 11 Mod. 270. Jennings's case, 12 Mod. 402. Regina v. Gloucester, Holt, 450. Van Orsdall v. Hazard, 3 Hill, 243 . People v. … Metropolitan Police Board, 26 N. Y. 316 . No doubt it would have been more orderly if the resignation had been in writing and bad been filed by the clerk of the commissioners.

Commonwealth v. Rosenthal

211 Mass. 50 · Massachusetts Supreme Judicial Court · Feb 26, 1912

S. 651, 655 ; United States v. Marchant, 12 Wheat. 480 .” In Brown v. United States, 74 C. C. … In Cummins v.

Schanberg v. Automobile Insurance Co. of Hartford

285 Mass. 316 · Massachusetts Supreme Judicial Court · Feb 14, 1934

See also Stuart v. Reliance Ins. Co. 179 Mass. 434, 438 ; Bryan v. Traders’ Ins. Co. 145 Mass. 389 ; Dailey v. Westchester Fire Ins. Co. 131 Mass. 173 . Compare Brown v. Cotton & Woolen Manufacturers’ Mutual Ins. … Hood v. Adams, 124 Mass. 481 , and other cases cited in Barry v. Dudley, 282 Mass. 258, 259 . In White v.

State Tax Commission v. New England Merchants National Bank of Boston

355 Mass. 417 · Massachusetts Supreme Judicial Court · Mar 6, 1969

The cases were heard in the Appellate Tax Board on stipulations. The trusts were established under the wills of Ralph T. Entwistle and Manuel H. Lombard, residents of Massachusetts. … Compare Commissioner of Corps. & Taxn. v. Baker, supra, at 611 . Nor is it dependent upon the trustee exercising its discretion. Compare State Tax Commn. v. Blinder, 336 Mass. 698 .

Eliot National Bank v. Beal

141 Mass. 566 · Massachusetts Supreme Judicial Court · May 7, 1886

See also Wells v. Calnan, 107 Mass. 514 , where Taylor v. Caldwell is referred to ; Appleby v. Meyers, L. R. 1 C. P. 615; 2 C. P. 651; Boast v. Firth, L. R. 4 C. P. 1; Robinson v. Davison, L. R. 6 Ex. 269; Howell v. … Riddlesbarger v. Hartford Ins. Co. ubi supra. Wilson v. Ætna Ins. Co. 27 Vt. 99 . Brown v. Hartford Ins. Co. 7 R. I. 301.

Marsch v. Southern New England Railroad

235 Mass. 304 · Massachusetts Supreme Judicial Court · Mar 25, 1920

Locke v. Wood, 16 Mass. 317 . Means v. Welles, 12 Met. 356 , 361. Lowell v. Merrimack Manuf. Co. 11 Gray, 382 . Shaw v. Boland, 15 Gray, 571 , 572. Truro v. Atkins, 122 Mass. 418 . Burbank v. Woodward, 124 Mass. 358 . … West v. Platt, 127 Mass. 367 . Brown v. Woodbury, 183 Mass. 279 . The record showed unsettled questions on which issue had been joined, and there could be only one final judgment. Leonard v. Robbins, 13 Allen, 217 .

Simonds v. Walker

100 Mass. 112 · Massachusetts Supreme Judicial Court · Oct 15, 1868

Anthony v. Adams, 1 Met. 284 . Franklin v. Fisk, 13 Allen, 211 . It is therefore a just rule of construction to hold that they intended the record of their action to be within the scope of their powers. … If their language is capable of two meanings, it is the fairer mode of dealing with a board of public officers to give it that meaning which is consistent with their duty, and not that which would create an unauthorized invasion

Bearse v. Lebowich

212 Mass. 344 · Massachusetts Supreme Judicial Court · Jun 19, 1912

King v. Nichols, 138 Mass. 18, 21 . Kidd v. Hurley, 9 Dick. 177. Cuyler v. Ensworth, 6 Paige, 32 . Arnold v. Green, 116 N. Y. 566 . Aldrich v. Cooper, 8 Ves. 382, 395. Heyman v. Dubois, L. R. 13 Eq. 158. … Allen v. Brown, 124 Mass. 77 . Watertown Fire Ins. Co. v. Simmons, 131 Mass. 85 . Welch v. Walsh, 177 Mass. 555 . Boston Penny Savings Bank v. Bradford, 181 Mass. 199 . North Avenue Savings Bank v.

Crowell v. McCaffrey

377 Mass. 443 · Massachusetts Supreme Judicial Court · Mar 6, 1979

After the accident the defendant boarded up the window leading to the porch. Photographs showed corroding, rusted nails in the porch railing. … After the accident the landlord exercised control by boarding up the window leading to the porch. Finn v. Peters, 340 Mass. 622, 624-625 (1960).

Cerricola v. Darena

266 Mass. 267 · Massachusetts Supreme Judicial Court · Feb 26, 1929

At the time of the letting to the plaintiff’s father, the roof was floored with boards, and was surrounded by a fence which followed the edge of the roof, passed around the *269 light shaft, and ended against the penthouse … Eisenhauer v. Ceppi, 238 Mass. 458 . Carroll v. Intercolonial Club of Boston, 243 Mass. 380 . Landers v. Brooks, 258 Mass. 1 . See also Noonan v. O’Hearn, 216 Mass. 583 .