Case law

Safford v. City of Lowell

255 Mass. 220 · Massachusetts Supreme Judicial Court · Mar 2, 1926

Without attempting an exact or all inclusive definition, it is manifest that that language does not apply to a condition which may clearly be foreseen in abundant time to take remedial action before serious damage to the … The Legislature has established a policy which it is the duty of municipal officials to observe. Morse v. Boston, 253 Mass. 247 . The plaintiffs are entitled to a decree. The details may be settled by a single justice.

Opinions of the Justices to the House of Representatives

357 Mass. 787 · Massachusetts Supreme Judicial Court · Feb 23, 1970

Richardson, supra, did not apply in the Commonwealth, as the facts in that case “were clearly not the condition confronting us”; and [10.] … Treasurer and Receiver General, 327 Mass. 310, 324 , in which case it was held that the voters are clearly entitled to be informed of the substantive changes, the proposed repeal of, and the substitute for existing constitutional

Groden v. Kelley

382 Mass. 333 · Massachusetts Supreme Judicial Court · Jan 21, 1981

The appellant argues that the emphasis in Stebbins on the quoted language suggests that in the absence of such qualifying language no deduction of outlawed indebtedness is required. We disagree. … Stebbins does not establish a rule of general applicability. The court in Stebbins was persuaded by clear and unambiguous language indicating a particular testator’s intent.

Lipchitz v. Raytheon Co.

434 Mass. 493 · Massachusetts Supreme Judicial Court · Jul 9, 2001

The error was compounded by the additional instruction that if Lipchitz established that the reasons given by Raytheon were not its “real reason,” she had established Raytheon’s liability and the jury were to move on to the … Boston Elevated Ry., 200 Mass. 537, 544 (1909), the charge failed to “clearly, adequately, and correctly explainf] to the jury the principles that ought to guide and control their action.” Torre v.

Roch v. Mollica

481 Mass. 164 · Massachusetts Supreme Judicial Court · Jan 4, 2019

According to the United States Supreme Court, the rule of transient jurisdiction is well established across the country. … If, however, the new argument depends on facts not established in the record, we cannot accept the new argument on appeal"). Cf. Gianocostas v.

Attorney General v. Book Named "Tropic of Cancer."

345 Mass. 11 · Massachusetts Supreme Judicial Court · Jul 17, 1962

Y.] 150, 158-159) were sustained in enjoining distribution of fourteen booklets, “Nights of Horror,” clearly hard core pornography. … Draft No. 6, pp. 13-17) is clearly obscene.

Commonwealth v. Figueroa

464 Mass. 365 · Massachusetts Supreme Judicial Court · Feb 8, 2013

Yudrey Millares testified pursuant to a grant of immunity. The judge ordered the sentence to be served concurrently with the sentence the defendant was serving for his probation violation. … Curtis, 237 F.3d 598, 605 (6th Cir. 2001) (“false statements to a parole officer clearly fall within the scope of 18 U.S.C. § 1001”); United States v.

Essex Regional Retirement Board v. Swallow State Board of Retirement v. O'Hare

481 Mass. 241 · Massachusetts Supreme Judicial Court · Jan 18, 2019

Because the clerk- magistrate's perjury and obstruction of justice convictions clearly violated the code, a law applicable to his position, they resulted in forfeiture of his pension. Id. at 179. … Regardless of the high standards placed on police officers, "not every off-duty illegal act qualifies as a violation of the laws applicable to his office or position" (quotation and citation omitted).

Rogers v. Town of Norfolk

432 Mass. 374 · Massachusetts Supreme Judicial Court · Aug 29, 2000

In the residence, only about 1,700 square feet can qualify as usable child care space under the office of child care services licensing guidelines, which is enough to serve approximately forty-five children at a time. 8 * … In view of the fact that ninety-five per cent of the land in Norfolk is residentially zoned, the provision clearly is a reasonable accommodation between the need to establish child care facilities and the need to preserve

Commonwealth v. Weston W.

455 Mass. 24 · Massachusetts Supreme Judicial Court · Sep 25, 2009

Thompson, supra at 630 & n.8, may be grounded in *31 the privileges and immunities clause of the Fourteenth Amendment, see Saenz v. Roe, 526 U.S. 489 , 501-503 & n.15 (1999); the commerce clause, see Edwards v. … In Schleifer, the court concluded that intermediate scrutiny was the appropriate standard because minors possess only “qualified rights” that “are not coextensive with those of adults.” Id.

Commonwealth v. Clark

11 Mass. 239 · Massachusetts Supreme Judicial Court · Jun 15, 1814

The decision in the case cited establishes the position that the enlistment of a private into a volunteer corps, whether the company to which he had belonged had the requisite complement of men or not, is legal and valid; … On these grounds, we are clearly of opinion that the respondent, at the time of the alleged delinquency, belonged to the light infantry company, and was liable by law to do duty therein; and of consequence that he was not

In the Matter of Finnerty

418 Mass. 821 · Massachusetts Supreme Judicial Court · Nov 15, 1994

He established his own practice as a professional corporation in 1980 and has continued since then as the sole practitioner of the corporation. … Finnerty’s attorney, who was directing him, did not tell him to do so, and because he was not qualified to do so.”

President of Amherst Bank v. Root

43 Mass. 522 · Massachusetts Supreme Judicial Court · Sep 15, 1841

If it be the evidence upon which the fact is to be settled, as to the question whether the appointment of Root as cashier was for a limited period, and that expressed and defined in the appointment itself, it clearly establishes … It was said in that case, that the defendants were a public body established by law.

Harvard Law School Coalition for Civil Rights v. President & Fellows of Harvard College

413 Mass. 66 · Massachusetts Supreme Judicial Court · Jul 9, 1992

“To qualify as a ‘person aggrieved,’ a person must allege substantial injury as the direct result of the action complained of.” Massachusetts Elec. Co. v. … Neither is there any allegation of a breach of contract nor facts alleged that would establish one.

Opinion of Justices to the Senate & House of Representatives

303 Mass. 631 · Massachusetts Supreme Judicial Court · Jul 1, 1939

It may be that it could be found that married women as a class are not qualified — or are substantially less qualified than unmarried women as a class — for some employments in the public service. See Sheldon v. … The General Court may not only establish the qualifications of those whom the Commonwealth, counties, cities and towns may hire, but it may also fix their compensation, establish their hours of work, provide benefits as workmen

Mechanics Bank v. Merchants Bank

47 Mass. 13 · Massachusetts Supreme Judicial Court · Mar 15, 1843

Undoubtedly parties to negotiable notes may waive demand and notice, and, as a modification of that power, may agree to qualified modes of demand and notice; and a compliance, on the part of the holders, with such qualified … This clearly implies, that if the judicial decision upon the point had not been known, and, a fortiori, if it had not been made before the insurance was effected, the broker would not have been responsible for his ignorance

Shrewsbury Edgemere Associates Ltd. Partnership v. Board of Appeals

409 Mass. 317 · Massachusetts Supreme Judicial Court · Feb 5, 1991

and the zoning by-law of the town of Shrewsbury: (1) whether a use of property which existed prior to the enactment of the zoning by-law, and which would require a special permit under the by-law were it not preexisting, qualifies … The decision of the board, as well as depositions of two board members submitted by the developer, shows that all members of the board agreed that the use of the site as a drive-in theater was established prior to adoption

First Federal Savings & Loan Ass'n of Galion v. Napoleon

428 Mass. 371 · Massachusetts Supreme Judicial Court · Nov 10, 1998

“To establish insolvency, [the plaintiff] must do more than establish that debts exceeded assets. The statute requires proof that assets were exceeded not by existing debts but by ‘probable liability’ on existing debts. … An issue under a statute since repealed and thus unlikely to arise often or ever again in the future hardly qualifies under that standard.

Boston Gas Co. v. Department of Public Utilities

387 Mass. 531 · Massachusetts Supreme Judicial Court · Oct 28, 1982

The amount of the Company’s undercollections is not a vested property right immune from governmental action. … As a general rule, statutes operate prospectively unless a legislative intent that they shall be retrospective is clearly shown. Nantucket Conservation Found., Inc. v.

Luyen Huu Nguyen v. William Joiner Center for the Study of War & Social Consequences

450 Mass. 291 · Massachusetts Supreme Judicial Court · Dec 21, 2007

The four successful candidates were less qualified than the plaintiff. The plaintiff learned of the fellowship opportunities on April 11, 2000, a little over two months after the application deadline. … Many of the other cases relied on by the plaintiff involve circumstances that are clearly distinguishable from what is alleged here. See Winbush v.