Case law

Town of Wayland v. Lee

331 Mass. 550 · Massachusetts Supreme Judicial Court · Jul 2, 1954

In 1934 the land was zoned in a single residence district in which the removal of sod, loam, sand, and gravel was forbidden without a permit from the board of appeals. … As in Burlington v.

Bougas v. Chief of Police of Lexington

371 Mass. 59 · Massachusetts Supreme Judicial Court · Sep 13, 1976

Certain of the reports collected by the police chiefs and by Corr were provided to the Lexington town manager and the board of selectmen. … EPA v. Mink, 410 U.S. 73, 93 (1973).

Town of Barnstable v. Woods Hole, Martha's Vineyard & Nantucket Steamship Authority

343 Mass. 674 · Massachusetts Supreme Judicial Court · Feb 26, 1962

In New Bedford v. New Bedford, Woods Hole, Martha’s Vineyard & Nantucket S.S. … There has been added a finance advisory board, with unlimited powers of advice and a slight veto on expenditures, which is locally elected.

Sherman v. Sidman

300 Mass. 102 · Massachusetts Supreme Judicial Court · Mar 30, 1938

See Chamberlain v. Barrows, 282 Mass. 295, 299 ; Am. Law Inst. Restatement: Contracts, §§ 76, 77, 78 b. See also Hunt v. Brown, 146 Mass. 253 -254. … See Barnard v. Cushing, 4 Met. 230, 234 ; Custy v. Dordan, 159 Mass. 245, 247 ; Boynton v. Moulton, 159 Mass. 248, 249 ; Nathan v. Leland, 193 Mass. 576, 581-582 ; Barber v.

Gray v. Parke

155 Mass. 433 · Massachusetts Supreme Judicial Court · Jan 9, 1892

Guild v. Cranston, 8 Cush. 506 . Tripp v. Gifford, ante, 108. … Smith v. Floyd, 1 Pick. 275 . Crandall v. Slaid, 11 Met. 288 . Tripp v. Gifford, ante, 108. In re Corsellis, 48 L. T. (N. S.) 425. Sinclair v. Sinclair, 13 M. & W. 640, 646. Brown v. Hull, 16 Vt. 673 .

Eames v. Salem & Lowell Railroad

98 Mass. 560 · Massachusetts Supreme Judicial Court · Jan 15, 1868

It was probably based on the opinions in Browne v. Providence, Hartford & Fishkill Railroad Co. 12 Gray, 55 , and Corwin v. New York & Erie Railroad Co. 3 Kernan, 42, there referred to. … But, in the ailroad act above cited, “ suitable fences ” are required, with-v ut describing them or referring to any standard.

Crawford-Plummer Co. v. McCarthy

227 Mass. 350 · Massachusetts Supreme Judicial Court · Jun 4, 1917

Moore v. … In Brown v. Kendall, 8 Allen, 209 , a void recognizance was given.

Newhall v. Burt

24 Mass. 156 · Massachusetts Supreme Judicial Court · Oct 23, 1828

See Kelleran v. Brown, 4 Mass. R. 443 ; Rice v. Rice, 4 Pick. (2nd ed.) 353, note 1; Flagg v. Mann, 14 Pick. 467 ; Trull v.

Elmer v. Fessenden

151 Mass. 359 · Massachusetts Supreme Judicial Court · Apr 9, 1890

If, as may be assumed, the excluded testimony would have shown that the woi’kmen when they left gave as their reason to the superintendent that the defendant had told them that the board of health reported arsenic in the … Compare Derry v. Handley, 16 L. T. (N. S.) 263; Parkins v. Scott, 1 H. & C. 153 ; Keenholts v. Becker, 3 Denio, 346, 352 ; Terwilliger v. Wands, 17 N. Y. 54, 59 ; Fowles v. Bowen, 30 N. Y. 20, 22 ; Titus v.

Boston & Albany Railroad v. City Council of Cambridge

166 Mass. 224 · Massachusetts Supreme Judicial Court · May 23, 1896

Old Colony Railroad v. Framingham Water Co. 153 Mass. 561 , and *225 cases cited. … its city council, at any time after the passage of this act, may take and hold, by purchase or otherwise, any and all such real estate and lauds within said city as it may deem advisable, upon the recommendation of the board

Commonwealth v. Gray

465 Mass. 330 · Massachusetts Supreme Judicial Court · Jun 5, 2013

Early on June 16, 2005, the defendant threatened MacArthur by holding a brown .32 caliber handgun to MacArthur’s head. … “Brown” is the surname of the defendant’s biological father.

Garfield & Proctor Coal Co. v. Rockland-Rockport Lime Co.

61 L.R.A. 946 · Massachusetts Supreme Judicial Court · Jun 23, 1903

Wendell v. Baxter, 12 Gray, 494 . Carleton v. Franconia Iron & Steel Co. 99 Mass. 216 . Thompson v. Northeastern Railway, 2 B. & S. 106. Mersey Docks v. Gibbs, L. R. 1 H. L. 93.” … Rep. 884, was decided upon the general principles we have stated, but Judge Brown, in giving the opinion, apparently in answer to an argument of counsel, said: “ The libellant, in voluntarily moving the boat forward upon

Owens-Illinois Glass Co. v. Bresnahan

322 Mass. 629 · Massachusetts Supreme Judicial Court · Apr 29, 1948

In Kynaston v. … A headnote to Brown v. Corey, 191 Mass. 189 , declares that “In this Commonwealth a bill in equity cannot be maintained for discovery alone.”

Jenney v. Town of Mattapoisett

335 Mass. 673 · Massachusetts Supreme Judicial Court · Apr 5, 1957

Even an attorney engaged by a board or officer having authority so to do could not have acquired a right to payment in the absence of an appropriation made before the employment or the doing of the work. G. L. (Ter. … O’Reilly v. Scituate, 328 Mass. 154 . Higgin-son v. Fall River, 226 Mass. 423 .

Bresnick v. Heath

292 Mass. 293 · Massachusetts Supreme Judicial Court · Oct 31, 1935

Fournier v. Zinn, 257 Mass. 575, 577 . Brown v. Robinson, 275 Mass. 55, 56 . He was not thereby relieved of the general duty to exercise due care to avoid injury to others and harm to himself. … Kaminski v. Fournier, 235 Mass. 51, 54 . Barnett v. Boston Elevated Railway, 244 Mass. 418 . Murphy v. Nahant & Lynn Street Railway, 261 Mass. 207 . Hamel v. Sweatt, 256 Mass. 581 . Glatz v.

Bemis v. Temple

26 L.R.A. 254 · Massachusetts Supreme Judicial Court · Nov 27, 1894

In Brown v. Eastern & Midlands Railway, 22 Q. B. … Delphi v. Lowery, 74 Ind. 520 . Chicago v. Powers, 42 Ill. 169 . Moore v. Burlington, 49 Iowa, 136 . Augusta v. Hafers, 61 Ga. 48 .

Browne v. Phelps

211 Mass. 376 · Massachusetts Supreme Judicial Court · Mar 1, 1912

Ames v. Gilman, 10 Met. 239 . The instructions of the court upon this point were correct. … Browne and Son,” and it is contended that at least as to that case they had the right to go to the jury under R.

Welch v. Colt

228 Mass. 511 · Massachusetts Supreme Judicial Court · Nov 27, 1917

Shaw v. Eckley, 169 Mass. 119 . Pierce v. Knight, 182 Mass. 72. Smith v. Smith, 186 Mass. 138 .” To the same effect are Whitman v. Huefner, 221 Mass. 265, 267 , Blume v. Kimball, 222 Mass. 412 , Linscott v. … See, in addition to those before cited, Marsh v. Hoyt, 161 Mass. 459 , and Soper v. Brown, 136 N. Y. 244 . It becomes unnecessary to consider the question raised by the appeal of the guardians of the children of Mrs.

Squire v. New York Central Railroad

98 Mass. 239 · Massachusetts Supreme Judicial Court · Nov 15, 1867

Clay v. Willan, 1 H. Bl. 297. Harrison v. London, Brighton & Southcoast Railway Co. 2 Best & Smith, 122. Orange County Bank v. Brown, 9 Wend. 115 . … And in Paddington v.

Vincent Realty Corp. v. City of Boston

375 Mass. 775 · Massachusetts Supreme Judicial Court · Jul 13, 1978

School Comm. of Springfield v. Board of Educ., 366 Mass. 315, 345 (1974) (addendum by Tauro, C.J.), 9 cert. denied, 421 U.S. 947 (1975). … See School Comm. of Springfield v. Board of Educ., 362 Mass. 417, 445 (1972). 3. The decision below vacating the decree of foreclosure is reversed. The decree of foreclosure is to be reinstated.