Case law

Sweeney's Case

3 Mass. App. Ct. 284 · Massachusetts Appeals Court · May 20, 1975

Sweeney (the claimant) in accordance with a decision of the reviewing board of the Industrial Accident Board, which had adopted the findings of the single member in its decision. … any more than towards a contrary one has no evidential value”), Sevigny’s Case, 337 Mass. 747, 751 (1958) (facts gratuitously assumed are insufficient to form the basis of a reasonable opinion), State Bd. of Retirement v.

Cabral's Case

18 Mass. App. Ct. 141 · Massachusetts Appeals Court · May 23, 1984

On August 20, 1982, the employee caused the case to come before a single member of the Industrial Accident Board (board) under the conference procedure of G. L. c. 152, § 7, as amended by St. 1980, c. 283. … Commonwealth v. Winer , 380 Mass, at 935, quoting from Cobbledick v.

Reliance Insurance v. Commissioner of Insurance

31 Mass. App. Ct. 581 · Massachusetts Appeals Court · Nov 22, 1991

“Where the contention is that [a] board is acting beyond its jurisdiction, the board should have an opportunity to ascertain the facts and decide the question for itself.” Saint Luke’s Hosp. v. … This case is analogous to Gill v. Board of Registration of Psychologists , 399 Mass, at 724-729.

Commonwealth v. S.M.F.

40 Mass. App. Ct. 42 · Massachusetts Appeals Court · Feb 7, 1996

See Police Commr. of Boston v. … See Walker v. Board of Appeals of Harwich, 388 Mass. 42, 47-49 (1983); Department of Rev. v. Jarvenpaa, 404 Mass. 177, 180-181 (1989). Jane Doe and S.M.F. looked wholly unlike each other. Commonwealth v.

Commonwealth v. Gagliardi

29 Mass. App. Ct. 225 · Massachusetts Appeals Court · Sep 19, 1990

Without prior notification the defendant appeared with his counsel as the jurors were boarding a bus for a view. The judge refused to allow the defendant to board. … (Rule 6 was amended in 1989, but the amendment did not change the language quoted in the text.) 12 The foundation requirements for showing recent contrivance are set out in Commonwealth v. Brown, 11 Mass. App.

Commonwealth v. DeCoste

51 Mass. App. Ct. 691 · Massachusetts Appeals Court · May 29, 2001

Roberts, 433 Mass. 45, 50 (2000), quoting from Commonwealth v. Gregory, 401 Mass. 437, 444-445 (1988), quoting from Commonwealth v. Brown, 11 Mass. App. Ct. 288, 296-297 (1981). These requirements were met in this case. … Commonwealth v. Brown, 414 Mass. 123, 126-127 (1993) (evidence of man walking away from crime scene with his face averted did not constitute evidence of flight).

Commonwealth v. Real

19 Mass. App. Ct. 906 · Massachusetts Appeals Court · Nov 29, 1984

See Commonwealth v. Brown, 364 Mass. 471, 478-480 (1973); Commonwealth v. Moore, 379 Mass. 106, 111 (1979); Walker v. Butterworth, 457 F.Supp. 1233, 1239 (D. … At the time of Real’s trial, June 13, 1979, the rule in Moore , although perhaps foreseeable in view of Brown , had not been enunciated.

Burlington Sand & Gravel, Inc. v. Town of Harvard

26 Mass. App. Ct. 436 · Massachusetts Appeals Court · Oct 4, 1988

See Bartlett v. Board of Appeals of Lakeville, 23 Mass. App. Ct. 664, 668 (1987), and cases cited. … Contrast Lapenas v. Zoning Board of Appeals of Brockton, 352 Mass. 530, 533 (1967). See Tofias v. Butler, ante 89, 95 n.13 (1988).

Commonwealth v. Morris

82 Mass. App. Ct. 427 · Massachusetts Appeals Court · Sep 14, 2012

See People v. Brown, 33 Cal. 4th at 898-900 , and authorities cited. … Ct. at 641 ; People v. Brown, 33 Cal. 4th at 906-908 . See generally Commonwealth v. Pike, 431 Mass. 212, 221 (2000); People v. Brown, 33 Cal. 4th at 897 ; Odom v. State, 711 N.E.2d 71 (Ind. Ct. App. 1999).

Commonwealth v. Martin

39 Mass. App. Ct. 658 · Massachusetts Appeals Court · Jan 24, 1996

Commonwealth v. Brown , 364 Mass, at 475. … Commonwealth v. DeVasto, 7 Mass. App. Ct. 363, 365-366 (1979), quoting from Commonwealth v. Brown , 364 Mass, at 479.

Carey v. GateHouse Media Massachusetts I, Inc.

92 Mass. App. Ct. 801 · Massachusetts Appeals Court · Feb 27, 2018

See Somers v. Converged Access, Inc., 454 Mass. 582, 588-589 (2009), citing Athol Daily News v. … Administrator, Unemployment Compensation Act, 238 Conn. 273, 280 (1996); Bigfoot's, Inc. v. Board of Review of the Industrial Commn. of Utah, 710 P.2d 180, 181 (Utah 1985); and Yurs v. Director of Labor, 94 Ill.

Commonwealth v. Dutney

4 Mass. App. Ct. 363 · Massachusetts Appeals Court · Jun 14, 1976

The defendants were two of the five members of the board of selectmen (board) of the town of Dracut (town), which was also the local licensing authority of the town for the purpose of passing initially on applications for … Roland and Normand Gariepy attended the hearing, at which all five members of the board were present. No one spoke against the application, and the board voted unanimously to take the matter under advisement.

In THE MATTER OF THE ESTATE OF WILLIAM F. McLOUGHLIN.

Massachusetts Appeals Court · Sep 30, 2024

Savage v. Oliszczak, 77 Mass. App. Ct. 145, 149 (2010), quoting Bogert, Trusts and Trustees § 181 (rev. 2d ed. 2007). Accord Lobb v. Brown, 208 Cal. 476, 484 (1929); Saier v. Saier, 366 Mich. 515, 520 (1962); Haley v. … Williams v. Board of Appeals of Norwell, 490 Mass. 684 , 693-694 (2022), quoting Commonwealth v.

Town of Orange v. Shay

68 Mass. App. Ct. 358 · Massachusetts Appeals Court · Mar 2, 2007

Tamerlane Realty Trust v. Board of Appeals of Provincetown, 23 Mass. App. Ct. 450, 453 (1987). … Bartlett v. Board of Appeals of *364 Lakeville, supra at 669 . See Davis v. Zoning Bd. of Chatham, 52 Mass. App. Ct. 349 , 353 n.9 (2001).

Riley v. Janco Central, Inc.

38 Mass. App. Ct. 984 · Massachusetts Appeals Court · Jul 24, 1995

When Janeo expressly contested the plaintiff’s standing in its motion for summary judgment, the presumption receded, see Redstone v. Board of Appeals of Chelmsford, 11 Mass. App. … Barvenik v. Aldermen of Newton, supra at 133.

JOSEPH D. COGLIANO, JR., & Others v. PLANNING BOARD OF NORTON & Others (And a Consolidated Case).

Massachusetts Appeals Court · Feb 28, 2025

Zoning Bd. of Appeals of Brookline, 461 Mass. 692, 700 (2012), quoting Marinelli v. Board of Appeals of Stoughton, 440 Mass. 255, 258 (2003). … Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979), quoting Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969).

Silverstein v. Silverstein

2 Mass. App. Ct. 94 · Massachusetts Appeals Court · Mar 26, 1974

See Brown v. Brown, 207 Mass. 254, 255 (1911). See also Divorce Rule 5 of the Superior Court (1887). … See Diggs v. Diggs, 291 Mass. 399, 401-402 (1935). See also Cook v.

Hayes v. City of Revere

24 Mass. App. Ct. 671 · Massachusetts Appeals Court · Sep 1, 1987

Compare DiGloria v. Chief of Police of Methuen, 8 Mass. App. Ct. 506 (1979), and a related case, Methuen Retirement Board v. … Compare DiGloria v. Chief of Police of Methuen, 8 Mass. App. Ct. at 509 n.3, and Methuen Retirement Board v. Contributory Retirement Appeal Board, 384 Mass. at 798 n.2.

Murphy v. Kotlik

34 Mass. App. Ct. 410 · Massachusetts Appeals Court · Apr 28, 1993

of appeals to revoke the permit, but the board confirmed it. … See Woods v. Allied Concord Financial Corp., 373 F.2d 733, 734 (5th Cir. 1967), interpreting Fed.R.Civ.P. 6(b), cited in Smith & Zobel, Rules Practice § 56.5, at 353 (1977 & Supp. 1993). Contrast USTrust Co. v.

Dickey v. Warren

75 Mass. App. Ct. 585 · Massachusetts Appeals Court · Oct 28, 2009

Citing Kobrin v. … See, e.g., Duracraft Corp. v. Holmes Prod. Corp., 427 Mass. 156, 161 (1998); Baker v. Parsons, 434 Mass. 543, 553-554 (2001); Office One, Inc. v. Lopez, 437 Mass. 113, 122 (2002); Kobrin v.