Case law

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. LaVelle

414 Mass. 146 · Massachusetts Supreme Judicial Court · Jan 12, 1993

The operation was designed to stop rampant drug sales among patrons of certain bars and other establishments in Framingham. … While the testimony of the detective as to statements made by Robinson is clearly hearsay, “[t]he hearsay rule forbids only the testimonial use of reported statements.

Standerwick v. Zoning Board of Appeals

447 Mass. 20 · Massachusetts Supreme Judicial Court · Jun 16, 2006

The preservation of real estate values of property abutting an affordable housing development is clearly not a concern that the G. L. c. 40B regulatory scheme is intended to protect. … A need for affordable housing exists where fewer than ten per cent of the housing units in a city or town qualify as low or moderate income housing. G. L. c. 40B, § 20.

Opinion of the Justices to the Senate & the House of Representatives

337 Mass. 777 · Massachusetts Supreme Judicial Court · May 15, 1958

Moreover, speaking generally, these items do not seem to be clearly authorized by the express language of the resolves. We have jurisdiction to give answers only with respect to them. … Their memberships undoubtedly contain many individuals as well qualified as any who may be found to serve on the commission.

Hubbell v. Warren

90 Mass. 173 · Massachusetts Supreme Judicial Court · Jan 15, 1864

The control of the suit is with him as the actual plaintiff, and its determination on the present hearing must depend on the nature of the case which he has established by his proofs. … or limited, the intent to create a servitude or privilege in its nature perpetual *179 would be clearly manifested.

In the Matter of JSV

402 Mass. 571 · Massachusetts Supreme Judicial Court · Jun 13, 1988

beyond all reasonable doubt," either that: (1) the husband had no access to the wife during the time of possible conception; (2) the husband was impotent; or (3) a properly conducted blood grouping test, administered by a qualified … The appellant clearly does not fall within this category. [5] It should be noted that G.L.c. 209C, § 5 ( a ) (1986 ed.), took effect on July 22, 1986, before the appellant intervened in this case.

Commonwealth v. Rhoades

379 Mass. 810 · Massachusetts Supreme Judicial Court · Feb 19, 1980

We see no reason to upset the finding of the trial judge that Better was qualified to render an opinion as to the cause of the fire. Commonwealth v. Seit, 373 Mass. 83, 91-92 (1977). … Rather he claims that the jury should have been clearly instructed that the arsonist’s act must constitute not just a cause, but also the proximate cause of the firefighter’s death.

Commonwealth v. Salemme

395 Mass. 594 · Massachusetts Supreme Judicial Court · Aug 8, 1985

George Curtis, a medical examiner in Suffolk County at the time of the homicide, was qualified by the judge as an expert witness. Dr. … The evidence, viewed in the light most favorable to the Commonwealth, established that Salemme was the “second man” in the restaurant.

Donlon v. Board of Assessors

389 Mass. 848 · Massachusetts Supreme Judicial Court · Aug 8, 1983

He testified that the subdivision lots were immune from those requirements, and consequently could be developed, because the lots had been laid out before the current by-law became effective. … These findings clearly support the board’s decision to dismiss the appellants’ appeals for lack of jurisdiction.

Casagrande v. Town Clerk of Harvard

377 Mass. 703 · Massachusetts Supreme Judicial Court · Apr 3, 1979

Clearly, Sawyer Lane would not provide safe and convenient *708 access to sixteen additional dwellings, and is not adequate for securing safety in case of fire, flood, panic, or other emergencies as required by the Subdivision … Town ways are established for the use of the town and must be maintained at public expense.

Viragh v. Foldes

415 Mass. 96 · Massachusetts Supreme Judicial Court · Apr 29, 1993

The Convention, however, clearly distinguishes between mandatory return due to wrongful removal or retention under art. 3, and discretionary return under art. 18. … The intention of the parent shall be established through the assessment of all the circumstances of a given case . . .

Clark v. Greenhalge

411 Mass. 410 · Massachusetts Supreme Judicial Court · Dec 16, 1991

The judge concluded that Helen Nesmith’s notebook qualified as a “memorandum” of her known wishes with respect to the distribution of her tangible personal property, within the meaning of Article Fifth of Helen Nesmith’s … Our review of the judge’s findings on this point, which is limited to a consideration of whether such findings are “clearly erroneous,” proves the appellant’s argument to be without merit. First Pa. Mortgage Trust v.

Blanchard v. Brooks

29 Mass. 47 · Massachusetts Supreme Judicial Court · Apr 9, 1832

But subject to this qualified seisin in the mortgagee, the mortgager has an estate and a seisin, which he may convey to another, which may be levied upon by an execution, (so that no deduction from the value be made on account … And having the right and power so to take, he must take it with the same immunities under which his debtor held it, one of which is, to redeem by paying the mortgage debt, if it is not otherwise discharged. White v.

L.W.K. v. E.R.C.

432 Mass. 438 · Massachusetts Supreme Judicial Court · Sep 14, 2000

Prior to the father’s death, the mother brought a paternity action to establish him as her child’s father. … Importing such a requirement into the statute *451 would conflict with the overriding public policy clearly articulated by the Legislature we described earlier. In DuMont v.

Adoption of Kimberly

414 Mass. 526 · Massachusetts Supreme Judicial Court · Mar 9, 1993

The judge’s findings must be left undisturbed absent a showing that they are clearly erroneous. Care & Protection of Martha, supra. … L. c. 210, § 3, proceedings, the investigator was deceased. 24 General Laws c. 119, § 24 (1990 ed.), states in pertinent part: “Upon the issuance of the precept and order of notice the court shall appoint a person qualified

Commonwealth v. Newberry

Massachusetts Supreme Judicial Court · Sep 18, 2019

Indeed, in 2018, in conjunction with the removal of any age restriction, and the addition of the three new pretrial diversion programs established by the criminal justice reform act, a fourth occurrence of the phrase … Thus, clearly, had the Legislature wished pretrial diversion for ordinary adult offenders to begin "prior" to arraignment, it could have used similar language; it chose not to do so. See Commonwealth v.

LaClair v. Silberline Manufacturing Co., Inc.

379 Mass. 21 · Massachusetts Supreme Judicial Court · Aug 21, 1979

That Lewis’s failure to obtain workmen’s compensation coverage occurred while he was performing corporate business would not, of course, immunize him personally from liability to the plaintiff. Jet Spray Cooler, Inc. v. … Massachusetts § 348 (2d ed. 1966). 13 Although Roy was prepared to offer the opinion that the explosion was caused by the ignition of a cloud of *33 aluminum powder suspended between the decedent and the floor, Roy himself clearly

Rosing v. Teachers' Retirement System

458 Mass. 283 · Massachusetts Supreme Judicial Court · Nov 12, 2010

department of education . . . and who was previously engaged in teaching pupils in any non-public school in the commonwealth, if the tuition of all such pupils taught was financed in part or in full by the commonwealth may . . . establish … Clearly, where the Legislature wanted to include a reference to payments by the Federal government, it has so provided. See Roberts v.

Marcy v. Marcy

91 Mass. 8 · Massachusetts Supreme Judicial Court · Oct 15, 1864

It is admitted that the agreement would then have clearly come within *9 the express words of the statute. But in the case at bar the contract was fully executed by one of the parties. … In the absence of any explanatory or qualifying words, it must be interpreted according to the common and approved usage of the language, unless it has some peculiar and appropriate meaning in the law.

Commonwealth v. Porter

462 Mass. 724 · Massachusetts Supreme Judicial Court · Jul 13, 2012

Thus, at the time of the defendant’s hearings, a person whose income was between $18,212.50 and $36,425 would have qualified. … Clearly the home in Revere is entirely available equity . . . .”