Case law

Levine v. Amber Manufacturing Corp.

6 Mass. App. Ct. 840 · Massachusetts Appeals Court · Feb 2, 1978

. & Taxn. v. Williston, 315 Mass. 648, 650, 651-653 [1944]; Morville House, Inc. v. … Ct. 813, 813-814 (1976); Planning Bd. of Watertown v. Board of Appeals of Watertown, 5 Mass. App. Ct. 833, 833 (1977).

Handrahan v. Handrahan

28 Mass. App. Ct. 167 · Massachusetts Appeals Court · Dec 26, 1989

Brown, J. (concurring). Judicial decisions in the highly charged emotional area of divorce law almost certainly produce human pain. … Compare Newman v. Newman, 11 Mass. App. Ct. 903 (1981), and Winternitz v. Winternitz, 19 Mass. App. Ct. 228, 232-233 (1985), and authorities cited, with Yee v. Yee, 23 Mass. App. Ct. 483 (1987).

City of Worcester v. Bonaventura

56 Mass. App. Ct. 166 · Massachusetts Appeals Court · Sep 30, 2002

Although there exists a historic distinction between a “lodger” and “tenant,” see White v. … Hall v. Zoning Board of Appeals of Edgartown, 28 Mass. App. Ct. 249, 254 (1990).

Commonwealth v. Preston

10 Mass. App. Ct. 807 · Massachusetts Appeals Court · Dec 11, 1980

Brown, J. … Commonwealth v. Coughlin, 372 Mass. 818, 821 (1977). In determining “solid default” the court will look to the defendant’s own conduct. See Commonwealth v.

Dickson v. Riverside Iron Works, Inc.

6 Mass. App. Ct. 53 · Massachusetts Appeals Court · Feb 22, 1978

McKenna v. Commissioner of Mental Health, 347 Mass. 674, 677 (1964). Huntoon v. Quincy, 349 Mass. 9, 13 (1965). Kaltsas v. Duralite Co., 4 Mass. App. Ct. 634, 639 (1976). … Black v. School Comm. of Malden, 365 Mass. 197, 212 (1974). Kuhlmann v. Hy-Crest Ranches, Inc., 4 Mass. App. Ct. 542. 546-547 (1976). See also Maynard v.

Town of Auburn v. Eagle Prop. Mgmt., LP

92 Mass. App. Ct. 1111 · Massachusetts Appeals Court · Oct 30, 2017

These applications were denied by the town zoning board of appeals. … See Cape Resort Hotels, Inc . v. Alcoholic Lic. Bd. of Falmouth , 385 Mass. 205 , 219-220 (1982) ( Cape Resort ). See also Moreis v. Board of Appeals of Oak Bluffs , 62 Mass. App.

Wasserman v. Wasserman

7 Mass. App. Ct. 167 · Massachusetts Appeals Court · Mar 12, 1979

See, e.g., Lanier v. Bowdoin, 282 N.Y. 32, 38 (1939), rehearing denied, 282 N.Y. 611 (1940); Meissel v. Finley, 198 Va. 577, 584 (1956); Mist Properties, Inc. v. … See Meissel v. Finley, 198 Va. at 584 ; Hoefer v. Hall, 75 N.M. 751, 754-755 (1966); Brown v. Brown, 15 Ariz.

Commonwealth v. Navarro

39 Mass. App. Ct. 161 · Massachusetts Appeals Court · Aug 24, 1995

One of the officers picked up the blanket, and a brown paper wrapper fell out onto the sheets. … Commonwealth v. Brown, 34 Mass. App. Ct. 222, 226 (1993). Presence and knowledge, however, “supplemented by other incriminating evidence, ‘will serve to tip the scale in favor of sufficiency.’ ” Commonwealth v.

Aerostatic Engineering Corp. v. Szczawinski

1 Mass. App. Ct. 141 · Massachusetts Appeals Court · Mar 2, 1973

Hughes v. Rendle Corp. 271 Mass. 208, 212 . Bucholz v. Green Bros. Co. 272 Mass. 49, 52-53. Petrangelo v. Pollard, 356 Mass. 696, 701 . … See also Fox v. Harding, 7 Cush. 516 , 522-523; Brown v. Woodbury, 183 Mass. 279, 282 ; Gaffey v. United Shoe Machinery Co. 202 Mass. 48, 53 ; Bullard v. Eames, 219 Mass. 49 ,- 53; Dalton v.

Reilly v. Massachusetts Bay Transportation Authority

32 Mass. App. Ct. 410 · Massachusetts Appeals Court · Apr 16, 1992

It is doubtful that the State board has the same authority as given to the Labor Relations Commission in Leahy v. Local 1526, Am. Fedn. of State, County, & Mun. Employees, 399 Mass. 341 (1987). … L. c. 161 A, § 19, were interpreted to give the State Board of Conciliation and Arbitration such authority, where, as here, the case was brought prior to the decision in Leahy v. Local 1526, Am.

Commonwealth v. Heughan

40 Mass. App. Ct. 102 · Massachusetts Appeals Court · Feb 28, 1996

Some 200 to 300 yards from the Madison Park High School the officers encountered a brown Toyota automobile speeding from the direction of the school at about fifty miles per hour in a thirty miles-per-hour zone. … See Commonwealth v. Sumerlin, 393 Mass. 127, 131 (1984), cert. denied, 469 U.S. 1193 (1985); Commonwealth v. Santana, 420 Mass. 205, 207 (1995); Commonwealth v. Rivera, 33 Mass. App. Ct. 311, 314 (1992); Commonwealth v.

Intriligator v. City of Boston

18 Mass. App. Ct. 703 · Massachusetts Appeals Court · Oct 26, 1984

Brown, J. The defendant, city of Boston (city), appeals from a judgment entered after a jury trial, awarding damages against it for negligence. … See Dakin v.

Verrill

40 Mass. App. Ct. 34 · Massachusetts Appeals Court · Feb 6, 1996

Secretary of the Commonwealth v. City Clerk of Lowell, supra at 188. … Both the Department of Correction and the Parole Board stated that many of their records are housed in different facilities and are not accessible by computer.

Boorstein v. City of Boston

28 Mass. App. Ct. 313 · Massachusetts Appeals Court · Mar 6, 1990

On February 23, 1978, the city hired a contractor to board the building. A claim for the boarding expenses was subsequently forwarded to the city collector. … Gallant v. Worcester, 383 Mass. 707, 709 (1981).

Commonwealth v. Benitez

37 Mass. App. Ct. 722 · Massachusetts Appeals Court · Dec 13, 1994

Brown, J. On appeal from his conviction of possession of a controlled substance (heroin) with intent to distribute, the defendant posits three bases for disturbing the judgment. … See Commonwealth v. Bradshaw, 385 Mass. 244, 269-270 (1982); Commonwealth v. Barrett, 418 Mass. 788, 793-794 (1994). See also Commonwealth v.

Knight v. Building Inspector

4 Mass. App. Ct. 826 · Massachusetts Appeals Court · Jun 29, 1976

See Crall v. Leominster, 362 Mass. 95, 101-103 (1972), and cases cited. The present case is governed in principle by such cases as Lanner v. Board of Appeal of Tewksbury, 348 Mass. 220, 224-230 (1964). Barrett v. … Building Inspector of Peabody, 354 Mass. 38, 40-42 (1968), and Durand v. Superintendent of Pub. Bldgs, of Fall River, 354 Mass. 74, 75, 77 (1968), rather than by such cases as Leahy v.

Reilly's Case

1 Mass. App. Ct. 825 · Massachusetts Appeals Court · May 23, 1973

The insurer appeals from the final decree of the Superior Court awarding workmen’s compensation benefits in accord with the decision of the single member as affirmed by the reviewing board. … See Wax’s Case, 357 Mass. 599 ; Meyer v. A. B. McMahan Co. Inc. 269 Minn. 73 ; Whitehead v. Holston Defense Corp. 205 Tenn. 326 ; Habovick v. Curtiss-Wright Corp. 207 Pa. Super. 80 . See also Bernard v.

New Bedford Institution for Savings v. Gildroy

36 Mass. App. Ct. 647 · Massachusetts Appeals Court · Jun 15, 1994

Brown, J. (concurring). … See Schwegmann Bank & Trust Co. of Jefferson v. Simons, 880 F.2d 838, 842 (5th Cir. 1989). I deem TSB’s handling of the loan not “unorthodox” but negligent — plainly contrary to proper banking practices.

P. J. Riley & Co. v. Aberthaw Construction Co.

3 Mass. App. Ct. 275 · Massachusetts Appeals Court · May 20, 1975

Powers v. Russell, 13 Pick. 69 , 76-77 (1833). Perley v. Perley, 144 Mass. 104,107-108 (1887). Sayles v. Quinn, 196 Mass. 492, 496 (1907). Waldo Bros. Co. v. Platt Contr. Co. Inc. 305 Mass. 349, 359 (1940). … Co. v. Pitman & Brown Co. 331 Mass. 240, 242-243 (1954). Contrast Keene v. Gould, post, 731 (1975), and cases cited.

Telecon, Inc. v. Emerson-Swan, Inc.

17 Mass. App. Ct. 671 · Massachusetts Appeals Court · Apr 2, 1984

See Glassman v. … Kunen v. First Agricultural Natl. Bank, 6 Mass. App. Ct. 684 (1978). See S. Kemble Fischer Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 478-479 n.3 (1980); Iverson v.