Case law

Doggett v. Hooper

306 Mass. 129 · Massachusetts Supreme Judicial Court · May 28, 1940

Commonwealth v. Hoxey, 16 Mass. 385 . Commonwealth v. Porter, 1 Gray, 476 . People v. Malone, 156 App. Div. (N. Y.) 10. State v. Mancini, 91 Vt. 507 . … Coupal v. Ward, 106 Mass. 289 . Mullen v. Brown, 138 Mass. 114 . Langford v. Boston & Albany Railroad, 144 Mass. 431 . MacLean v. Naumkeag Trust Co. 268 Mass. 437 . Jordan v. C. I. T. Corp. 302 Mass. 281 .

Andrews v. Williamson

193 Mass. 92 · Massachusetts Supreme Judicial Court · Oct 17, 1906

Woods v. Naumkeag Steam Cotton Co. 134 Mass. 357 . Lindsey v. Leighton, 150 Mass. 285 . … So if the floor of a passage is laid only with loose boards, he cannot complain that it is not made fast and tight.”

Commonwealth v. City of Roxbury

75 Mass. 451 · Massachusetts Supreme Judicial Court · Oct 15, 1857

Chapman v. Kimball, 9 Conn. 88 . Simons v. French, 25 Conn. 346 . Gough v. Bell, 1 Zab. 156 ; 2 Zab. 441; 3 Zab. 624. State v. Jersey City, 1 Dutcher, 525. State v. Brown, 3 Dutcher, 13. … Parker v. Cutler Milldam, 20 Maine, 358. Moulton v. Libbey, 37 Maine, 472. Preble v. Brown , 47 Maine, 286.

Jeffries v. Inhabitants of Swampscott

105 Mass. 535 · Massachusetts Supreme Judicial Court · Nov 15, 1870

The case of Stone v. … Cambridge, 6 Cush. 270 , hardly goes so far, for there the report showed that a specific plan was before the board of aldermen at the time of their action on the subject, and was fully identified by the certificate of the

Animal Rescue League v. Assessors of Bourne

310 Mass. 330 · Massachusetts Supreme Judicial Court · Nov 25, 1941

This is an appeal from a decision of the Appellate Tax Board denying a petition for the abatement of a tax, assessed in 1939, upon certain real estate which the taxpayer claims is exempt from taxation on the ground that it … Those attending the confer *332 enees live upon the property, some in the- cottages on Amrita Island and some in the last mentioned cottage, but the charge for room and board is less than the cost.

Taft v. Gifford

54 Mass. 187 · Massachusetts Supreme Judicial Court · Oct 15, 1847

There was a stipulation in the lease, that the lessor reserved certain apartments, in the house and stable, to his own use, with a right to board with the lessee, at a fixed rate per week. … Bartlett v. Williams, 1 Pick. 288 . But until possession taken, he had no lien, and could not hold the produce against a bona fide purchaser or attaching creditor. Jones v. Richardson, 10 Met. 481 .

Bird v. Rideout

1 Rep. Cont. Elect. Case. 43 · Massachusetts Supreme Judicial Court · Mar 4, 1891

CO t>. co And that by a count of the votes by the board of aldermen, that said Rideout was finally declared to be elected by a plurality of one vote, namely : — Malcolm E. Rideout,. r-i CO CO Herman Bird, . … feel satisfied with the evidence to warrant the petitioner to have a recount of the votes, as the rule governing a recount of votes by the House is well established by a long list of precedents, and among others is Rice v.

Aisenberg v. Royal Insurance

266 Mass. 543 · Massachusetts Supreme Judicial Court · Mar 26, 1929

Specifically it was agreed that the policy should apply on merchandise of the insured’s own or held by the insured “in trust or on consignment or on commission while on board” designated motor vehicles “against the risks … Newton Rubber Works v. Graham, 171 Mass. 352 . Palmer v. Sawyer, 114 Mass. 1, 13, 14 . Marsch v. Southern New England Railroad, 230 Mass. 483, 490 . Fried v. Singer, 242 Mass. 527, 532 . *546 See also G.

Griffin v. Kitchen

225 Mass. 331 · Massachusetts Supreme Judicial Court · Dec 5, 1916

Hale v. Marsh, 100 Mass. 468 . Welsh v. Woodbury, 144 Mass. 542 . American Baptist Publication Society v. Lufkin, 197 Mass. 221 . All the property which should remain at the death of the wife was given to the plaintiff. … Phelps v. Lowell Institution for Savings, 214 Mass. 560 . Blodgett v. Ahern, 217 Mass. 262 .

Commonwealth v. Wiggins

477 Mass. 732 · Massachusetts Supreme Judicial Court · Sep 6, 2017

See Miller v. Alabama, 567 U.S. 460, 465 (2012); Commonwealth v. Brown, 466 Mass. 676, 688-689 (2013), S.C., 474 Mass. 576 (2016); Diatchenko v. … Costa, 472 Mass. 139, 143-146 (2015), the original sentencing judge could not have foreseen our decisions in Diatchenko and Brown.

Inhabitants of Watertown v. Mayo

109 Mass. 315 · Massachusetts Supreme Judicial Court · Jan 15, 1872

Commonwealth v. Alger, 7 Cush. 53 . Fisher v. McGirr, 1 Gray, 1 . Commonwealth v. Tewksbury, 11 Met. 55 . Baker v. Boston, 12 Pick. 184 . … Commonwealth v. Alger, 7 Cush. 53 . Baker v. Boston, 12 Pick. 184 . Austin v. Murray, 16 Pick. 121 . Coates v. New York, 7 Cowen, 585, 604.

Commonwealth v. Correia

381 Mass. 65 · Massachusetts Supreme Judicial Court · Jul 2, 1980

In Commonwealth v. Dickerson, 372 Mass. 783, 789 (1977), and again in Commonwealth v. … See Commonwealth v. Venios, 378 Mass. 24, 29 (1979). In Foster v.

Heinrich-Grundy v. Allstate Insurance

402 Mass. 810 · Massachusetts Supreme Judicial Court · Jul 12, 1988

Brown, 63 Cal. 2d 508, 510 (1965); Fischer v. State Farm Mut. Auto. Ins. Co., 495 So. 2d 909, 910 (Fla. Dist. Ct. App. 1986); State Farm Auto. Ins. Co. v. Cabuzzi, 123 N.H. 451 (1983); Marchant v. South Carolina Ins. … Co. v. McKee, 27 Ariz. App. 158 (1976); Kvalheim v. Farm Bureau Mut. Ins. Co., 195 N.W. 2d 726 (Iowa 1972); and American Casualty Co. v. Foster, 31 Misc.2d. 818 (N.Y. Sup. Ct. 1961). But see Cashman v.

Brigade Leveraged Capital Structures Fund Ltd. v. PIMCO Income Strategy Fund

466 Mass. 368 · Massachusetts Supreme Judicial Court · Sep 11, 2013

See MM Cos. v. … See ER Holdings, Inc. v. Norton, Co., supra at 1101 (“The Board’s suggestion that its proffered special meeting does not endanger shareholder voting rights, but merely delays them, misses the point.

Perkins v. Hilton

329 Mass. 291 · Massachusetts Supreme Judicial Court · Sep 12, 1952

Brown v. Peterson, 27 Ariz. 418, 422 . Alsworth v. Cordtz, 31 Miss. 32, 35 . Higgins v. Higgins, 55 Mo. 346 . Keely v. Gregg, 33 Mont. 216, 225 . Jackson v. Miller, 6 Wend. 228 . Restatement: Trusts, § 444, comment d. … Young v. Hampton, 36 Cal. (2d) 799. Diamond v. Willett, 37 So. (2d) 338 (La. App. 1948). Compare Ewing v. Ford, 31 Wash. (2d) 126. And see generally Caines v. Sawyer, 248 Mass. 368, 374 ; Council v.

Bruce v. Priest

87 Mass. 100 · Massachusetts Supreme Judicial Court · Oct 15, 1862

Brown v. Gordon, 1 Gray, 182 . Ross v. Lapham, 16 Mass. 275 . It is true that a defendant may show any legal provocation for the assault in reduction of the damages. … When the assault was committed, the plaintiff had left the house, and thus removed any cause of provocation which his presence there had occasioned. lund v. Tyngsborough, 9 Cush. 36 .

Brainard v. Boston & New York Central Railroad

78 Mass. 407 · Massachusetts Supreme Judicial Court · Mar 15, 1859

Brainard, addressed to the board of aldermen of the city of Boston, praying for an assessment of his damages sustained by the location and construction of the railroad of the respondents. … O'Linda v. Lothrop, 21 Pick. 292 . Tufts v. Charlestown, 2 Gray, 271 . But nothing of that kind was shown or appeared upon the trial.

Jacoby v. Babcock Artificial Kidney Center, Inc.

364 Mass. 561 · Massachusetts Supreme Judicial Court · Feb 6, 1974

Thus in Nichinson v. … Brown, 252 Md. 594 (1968), as well as by *565 commentators, Borchard, Declaratory Judgments (2d ed.) 355 (1941).

C. B. Ensign & Co. v. Forrest

251 Mass. 296 · Massachusetts Supreme Judicial Court · Feb 24, 1925

In Buzzell v. … Board of Education, 54 Vroom, 446 . The recent case of Manker v. American Savings Bank & Trust Go. 131 Wash. 430 is not in conflict.

Daignault v. Berkshire Street Railway Co.

277 Mass. 227 · Massachusetts Supreme Judicial Court · Dec 1, 1931

Casey v. Boston Elevated Railway, 197 Mass. 440 . Adams v. Boston Elevated Railway, 219 Mass. 515 . O’Callaghan v. Boston Elevated Railway, 249 Mass. 43 . Tobin v. Nahant & Lynn Street Railway, 260 Mass. 512 . … Welsh v. Concord, Maynard & Hudson Street Railway, 223 Mass. 184,186 . Tobin v. Nahant & Lynn Street Railway, 260 Mass. 512, 514 .