Case law

Commonwealth v. Massachusetts Mutual Fire Insurance

112 Mass. 116 · Massachusetts Supreme Judicial Court · Mar 15, 1873

The right to assess, notwithstanding the cancellation of the policy, is clearly to be implied from the provision limiting the right to the period of two years after such cancellation. Gen. … The rights *122 of each member qualify the rights, and to some extent measure the obligations and liabilities of the others.

Sorenti Bros. v. Commonwealth

468 Mass. 189 · Massachusetts Supreme Judicial Court · May 19, 2014

Here, the new limited access highway extends directly over the location of the now former rotary, which, all agree, qualified as “an existing public way.” … Coming within this provision of § 12, however, does not help Sorenti here, because not every detrimental effect of a public improvement project qualifies as a compensable injury. See 4A J.L.

Boston Chamber of Commerce v. Assessors of Boston

315 Mass. 712 · Massachusetts Supreme Judicial Court · Mar 28, 1944

The general findings of the board are explained and qualified and may be controlled by findings of specific or subsidiary facts, which the board made in considerable detail. Commissioner of Corporations & Taxation v. J. … It will be recognized only where the property falls clearly and unmistakably within the express words of a legislative command. Redemptorist Fathers v. Boston, 129 Mass. 178, 180 . Boston Symphony Orchestra, Inc. v.

Commonwealth v. York

50 Mass. 93 · Massachusetts Supreme Judicial Court · Mar 15, 1845

This is established by Legg’s case, Kelyng, 27. … This is clearly stated by the court in Oneby’s case, in 2 Ld.

Thompson v. Globe Newspaper Co.

279 Mass. 176 · Massachusetts Supreme Judicial Court · May 19, 1932

The complaint and the warrant were clearly admissible on the issue of truth or to show that the defendants had published a fair and accurate report. … Blakely Printing Co. 163 Minn. 226, 233 , “The doctrine is now well-established in England that malice or motive incident to the publication of qualified privileged matter, which recognizes actual malice on the part of the

Commonwealth v. Valiton

432 Mass. 647 · Massachusetts Supreme Judicial Court · Nov 17, 2000

Second, the Legislature recently established provisions in G. L. c. 90 that apply specifically to children under the age of eighteen years. See G. … BCAA also clearly meets the expansive definition of “program” under G.

Collins v. Secretary of the Commonwealth

407 Mass. 837 · Massachusetts Supreme Judicial Court · Jul 5, 1990

The next day, ten qualified voters of the Commonwealth (plaintiffs) filed with the Secretary of the Commonwealth (Secretary) a petition for a referendum on c. 516. … Clearly, the Legislature added §§ 1 and 14, not to benefit religious institutions, but to mitigate the risk of the statute being attacked on constitutional grounds.

Champagne v. Commissioner of Correction

395 Mass. 382 · Massachusetts Supreme Judicial Court · Jul 11, 1985

interest of prisoners and their corres *387 pondents in uncensored communication by letter, grounded as it is in the First Amendment, is plainly a ‘liberty’ interest within the meaning of the Fourteenth Amendment even though qualified … The notice must clearly set forth the basis for the rejection of the mail. 28 C.F.R. § 540.12 .” 9 The relevant regulation appears in 103 Wal. 481.17, which states: “1.

Commonwealth v. Adams

482 Mass. 514 · Massachusetts Supreme Judicial Court · Jun 27, 2019

Our early case law, by contrast, does not clearly establish interference with a police officer as an independent offense. … On appeal from a magistrate judge's decision, the United States Court of Appeals for the First Circuit upheld the allowance of a motion for summary judgment by the police on qualified immunity grounds, and concluded that

Opinion of the Justices to the Senate

370 Mass. 869 · Massachusetts Supreme Judicial Court · Apr 29, 1976

Amendments to the Constitution of the Commonwealth, an initiative petition (printed as House No. 4201) entitled “An Act to lower electric bills *870 for residential customers, small businesses, and other small users by establishing … and duties of the Governor in the legislative process apply to a law proposed by initiative petition and passed by the General Court, it follows that the Governor may take any action allowed by the Constitution and not clearly

Haven v. Foster

31 Mass. 534 · Massachusetts Supreme Judicial Court · Oct 15, 1833

Clearly to bring the date of the will to that of the *545 codicil, and to give the words of the will the effect they must have as then used. … To test the effect of this republication, let us apply it to the devise to John Foster for life, in respect to which there are no restraining or qualifying words in the codicil.

Attorney General v. Hahnemann Hospital

397 Mass. 820 · Massachusetts Supreme Judicial Court · Jul 2, 1986

In that year, Mary Ida Converse established an inter vivas charitable trust for the support of a homeopathic hospital. … Clearly, Converse’s primary intent was to support directly the operation of a hospital, but she contemplated and approved the possibility that Hahnemann would operate and maintain convalescent homes, or might decide to support

Atlantic National Bank v. Harris

118 Mass. 147 · Massachusetts Supreme Judicial Court · Jun 28, 1875

of the directors are also empowered to execute all papers and to do whatever is necessary to complete the organization, and they are to continue to act as directors of the national association until others are chosen and qualified … It is clearly to be inferred, from the facts stated, that the defendant knew that Pierce had the right to sue the bank, that the bank was liable to pay him for services, already once paid for, and that it had a right of action

Dahill v. Police Department

434 Mass. 233 · Massachusetts Supreme Judicial Court · May 25, 2001

The Legislature identified three avenues by which a person can establish that he falls within the statute’s protection: the person (a) has an “impairment” that substantially limits a major life activity, (b) has a “record … Arline, 480 U.S. 273 (1987) (“An insulin-dependent diabetic is clearly a ‘handicapped person’ within the meaning of the Rehabilitation Act”), and Wallace v. Veterans Admin., 683 F. Supp. 758, 761 (D.

Commonwealth v. Paniaqua

413 Mass. 796 · Massachusetts Supreme Judicial Court · Dec 15, 1992

Doogan did not testify as an expert, and indeed there was no evidence that would have qualified him as such. … If the court means, however, that the police officers’ testimony warranted the jury in finding that the tinfoil ball in fact contained cocaine, the court is clearly wrong.

Commonwealth v. Guardado

Massachusetts Supreme Judicial Court · Apr 13, 2023

The defendant argues, however, that the judge's finding was clearly erroneous. … "The burden is on the appellant to show that a finding is clearly erroneous." Pointer v. Castellani, 455 Mass. 537, 539 (2009).

Early v. Early

413 Mass. 720 · Massachusetts Supreme Judicial Court · Dec 9, 1992

The judge entered a qualified domestic relations order (QDRO), 3 directing the plan admin *723 istrator of the husband’s pension to establish a separate account for the wife and to transfer to that account 31.6 per cent of … It was clearly within the judge’s discretion to include the present value of the husband’s public pension interest in the marital estate which was subject to the division unless that action was precluded by law.

Tobin's Case

424 Mass. 250 · Massachusetts Supreme Judicial Court · Feb 11, 1997

L. c. 152, §§ 34 and 35, unless the employee can establish that, but for the injury, he or she would have remained active in the labor market. … The statute clearly satisfies this test. The employee misreads § 35E in concluding that he and members of his family are barred from testifying to defeat the presumption.

U.S. Trust Co., N.A. v. Attorney General

447 Mass. 523 · Massachusetts Supreme Judicial Court · Oct 12, 2006

Gooding’s express intent was to establish a scholarship fund to benefit students at Plymouth High School, which was, at the time the trust was established, the only public high school serving the population of the town. … The provisions of Article Third clearly specify that the amount of each scholarship gift awarded may be up to ten per cent of the trust’s net income, and that the aggregate scholarship money awarded in a given year is limited

Commonwealth v. Scesny

472 Mass. 185 · Massachusetts Supreme Judicial Court · Jul 14, 2015

The defendant challenges the admission of McKillop's opinion testimony on the ground that she was not professionally qualified to give it. … McKillop's challenged opinion testimony concerning what she would expect to see if the victim had pulled up her underwear and pants following intercourse and following the deposit of the red-brown stains on her body clearly