Case law

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  • Provident Institution for Savings v. Merrill

    311 Mass. 168 · Massachusetts Supreme Judicial Court · Feb 26, 1942

    Turner v. Powell, 85 Mont. 241 . Regan v. Williams, 185 Mo. 620 . Boughton v. Harder, 46 App. Div. (N. Y.) 352. Murdock v. Waterman, 145 N. Y. 55 . Dundee Investment Co. v. Horner, 30 Ore. 558 . Cottrell v. … Pond v. Williams, 1 Gray, 630 . Stoddard v. Doane, 7 Gray, 387 . Campbell v. Baldwin, 130 Mass. 199 . Taylor v. Foster, 132 Mass. 30 . Gillingham v. Brown, 178 Mass. 417 . Emerson v. Deming, 304 Mass. 478 . Lariviere v.

    Cited 9 timesPublished
  • Sussman v. Commonwealth

    374 Mass. 692 · Massachusetts Supreme Judicial Court · Mar 22, 1978

    The matter was referred to the Board of Bar Overseers and was later dismissed on the board’s recommendation. (Supreme Judicial Court No. 76-23 BD). … See Callahan v. Callahan, 345 Mass. 244, 245 (1962). Cf. Mass R. A. P. 18 (a), 365 Mass. 864 (1974); Kiss v. Board of Appeals of Longmeadow, 371 Mass. 147,150 (1976).

    Cited 31 timesPublished
  • Commonwealth v. Little

    453 Mass. 766 · Massachusetts Supreme Judicial Court · May 14, 2009

    Brown, 451 Mass. 200, 210 (2008) (Botsford, J., dissenting) (concluding that objection preserved even though not renewed at trial). … Commonwealth v. Brown, 451 Mass. 200, 211 (2008) (Botsford, J., dissenting), citing Commonwealth v. Walker, 401 Mass. 338, 346 (1987). These factors do not apply in this case.

    Cited 33 timesPublished
  • Tremont Trust Co. v. C. H. Graham Furniture Co.

    244 Mass. 134 · Massachusetts Supreme Judicial Court · Feb 28, 1923

    Andrew v. Manchaug Manuf. Co. 134 Mass. 42 . Smith v. Brown, 151 Mass. 338 . But the defendant contends that it is entitled to such set-off by reason of paragraph ten of the agreed facts, which is as follows: “10. … H. 71; or where special deposits as such are made, Anderson v. Pacific Bank, 112 Cal. 598 . Woodhouse v. Crandall, 197 Ill. 104 , Dolph v.

    Cited 6 timesPublished
  • Cushing v. Fire Commissioner

    345 Mass. 418 · Massachusetts Supreme Judicial Court · Feb 6, 1963

    Inc. v. Board of Zoning Adjustment of Boston, 328 Mass. 103, 108 . … In Caulfield v.

    Cited 4 timesPublished
  • Hebert v. Hicks

    299 Mass. 538 · Massachusetts Supreme Judicial Court · Mar 1, 1938

    The “right front fender about six . . . inches up from the running board, the right running board, the rear fender, the rear end, the starter and the windshield were broken.” … Bolduc, 270 Mass. 39 , Dzura v. Phillips, 275 Mass. 283 , Schusterman v. Rosen, 280 Mass. 582 , Caldbeck v. Flint, 281 Mass. 360 , Connors v. Boland, 282 Mass. 518 , Curtis v.

    Cited 8 timesPublished
  • Commonwealth v. Borges

    395 Mass. 788 · Massachusetts Supreme Judicial Court · Aug 28, 1985

    Delgado, 466 U.S. 210, 216-217 (1984) (seizure occurs when circumstances of an encounter are so intimidating that a reasonable person would believe that he was not free to leave); Brown v. … See Brown v. Illinois, 422 U.S. 590, 603-604 (1975). The defendant attempted to flee moments after the illegal arrest. The struggle and attempted disposal of the evidence quickly followed.

    Cited 152 timesPublished
  • Paine v. Assessors of Weston

    297 Mass. 173 · Massachusetts Supreme Judicial Court · Mar 31, 1937

    This is an appeal from a decision of the board of tax appeals refusing abatement of a tax assessed on real estate in the town of Weston as of January 1, 1935. … The case was heard by the board on an agreed statement of facts.

    Cited 11 timesPublished
  • Andrews v. Keith

    168 Mass. 558 · Massachusetts Supreme Judicial Court · Jun 14, 1897

    We must assume that the defendant left the horse to be boarded at the plaintiff’s stable at a certain rate per week, and without further agreement or explanation. … Preston v. Neale, ubi supra. See Harter v. Blanchard, 64 Barb. 617 ; Handford v. Palmer, 5 Moore, 74, 79.

    Cited 2 timesPublished
  • Commonwealth v. Stewart

    365 Mass. 99 · Massachusetts Supreme Judicial Court · Apr 10, 1974

    The trial took place, of course, well before this court in the case of Commonwealth v. Brown, 364 Mass. 471 (1973), laid down future guidelines on the subject of unusual security measures in the court room. … support the judge’s action on appeal, though they might not have persuaded us in the first instance, and might not have persuaded the trial judge himself, if he had been obliged to follow the procedure called for by the Brown

    Cited 62 timesPublished
  • Mahoney v. New York & New England Railroad

    160 Mass. 573 · Massachusetts Supreme Judicial Court · Mar 1, 1894

    Malcolm v. Fuller, 152 Mass. 160, 166. Prendible v. Connecticut River Manuf. Co., ante, 131. … The floor of the wagon extended two and one half or three feet behind the axle, and the tail-board extended about one and a half feet farther.

    Cited 12 timesPublished
  • City of Lynn v. Inhabitants of Nahant

    113 Mass. 433 · Massachusetts Supreme Judicial Court · Nov 15, 1873

    Brown v. Wenham, 10 Met. 495 . … In Windham v.

    Cited 16 timesPublished
  • Wilson v. Davison

    242 Mass. 237 · Massachusetts Supreme Judicial Court · Jun 30, 1922

    Callahan v. Goldman, 216 Mass. 234, 237, 238 . Jennings v. Wall, 217 Mass. 278, 282 . Mahoney v. Philpot, 219 Mass. 480, 482 . Kumin v. Fine, 229 Mass. 75 , and cases cited. … Morse v. Woodworth, 155 Mass. 233, 248 . Henderson v. Raymond Syndicate, 183 Mass. 443, 445 . Anthony & Cowell Co. v. Brown, 214 Mass. 439 .

    Cited 7 timesPublished
  • Houlihan v. Connecticut River Railroad

    164 Mass. 555 · Massachusetts Supreme Judicial Court · Nov 27, 1895

    Her brothers paid their board to her, twenty dollars per month, and her father’s wages were nine dollars a week. … This state of things was quite different from that which appeared in Hodnett v.

    Cited 13 timesPublished
  • Files v. Boston & Albany Railroad

    149 Mass. 204 · Massachusetts Supreme Judicial Court · May 10, 1889

    Hickey v. Boston & Lowell Railroad, 14 Allen, 429 . Bates v. Old Colony Railroad, 147 Mass. 255 . Torrey v. Boston & Albany Railroad, 147 Mass. 412 . … Hickey v. Boston & Lowell Railroad, 14 Allen, 429 . Merrill v. Eastern Railroad, 139 Mass. 238 . Judgment on the verdict.

    Cited 24 timesPublished
  • Phillips v. Boston Elevated Railway Co.

    222 Mass. 221 · Massachusetts Supreme Judicial Court · Nov 23, 1915

    In proof of this contention he put in evidence an order passed by the board of mayor and aldermen in the city of Malden on July 6, 1909, and as revised by the board of railroad commissioners September 29, 1909, which order … In each one of the cases cited by the plaintiff (Bosquet v. Worcester Consolidated Street Railway, 215 Mass. 538 ; Robinson v. Springfield Street Railway, 211 Mass. 483 ; and Robbins v.

    Cited 1 timesPublished
  • Guinan v. Boston Elevated Railway Co.

    267 Mass. 526 · Massachusetts Supreme Judicial Court · Jun 4, 1929

    There was evidence that the plaintiff was a passenger on the car; that one Shirley boarded the car at Pleasant Street in Boston, carrying with him a burlap bag containing scrap moving picture film; that he placed the bag … Perkins v. Stickney, 132 Mass. 217, 218 . White v. McPherson, 183 Mass. 533, 534 . Old Silver Beach Corp. v. Falmouth, 266 Mass. 224, 226 .

    Cited 19 timesPublished
  • O'Donnell v. Bay State Street Railway Co.

    226 Mass. 418 · Massachusetts Supreme Judicial Court · Apr 2, 1917

    track at a point fifty feet to the south of the place of his departure; that as he came to the track his father and others shouted to him; that he turned and tried to get off the track and that he was struck by the running board … Carroll v. Boston Elevated Railway, 200 Mass. 527, 536 . Donahue v. Massachusetts Northeastern Street Railway, 222 Mass. 233 . Selibedea v. Worcester Consolidated Street Railway, 223 Mass. 76 .

    Cited 10 timesPublished
  • Collins v. Commonwealth

    315 Mass. 167 · Massachusetts Supreme Judicial Court · Dec 1, 1943

    Carlton v. Commonwealth, 5 Met. 532 . Harding v. Commonwealth, 283 Mass. 369, 373 . Commonwealth v. Hull, 296 Mass. 327, 337, 338 . Commonwealth v. Brown, 302 Mass. 523, 525 . Commonwealth v. Mannos, 311 Mass. 94, 116 . … Carlton v. Commonwealth, 5 Met. 532 . Crowley v. Commonwealth, 11 Met. 575 , 579. Bushman v. Commonwealth, 138 Mass. 507 . Benson v. Commonwealth, 158 Mass. 164, 166 . Commonwealth v. Lowrey, 159 Mass. 62 . Harding v.

    Cited 13 timesPublished
  • Commonwealth v. Smith

    370 Mass. 335 · Massachusetts Supreme Judicial Court · May 24, 1976

    Commonwealth v. Mele, 358 Mass. 225, 229 (1970), quoting from Commonwealth v. Brown, 354 Mass. 337, 345 (1968). … Cir. 1963), cert. denied, 377 U.S. 956 (1964); Clay v. United States, 246 F.2d 298, 305 (5th Cir.), cert. denied, 355 U.S. 863 (1957); Brown v. State, 498 S.W.2d 343, 346 (Tex. Crim. App. 1973), and cases cited.

    Cited 64 timesPublished

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