Case law

Opinions from 1658 to today.

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  • School Committee v. LaChance

    3 Mass. App. Ct. 710 · Massachusetts Appeals Court · Feb 25, 1975

    Inc. v. Board, of Conciliation & Arbitration, 339 Mass. 301, 302-303 (1959). Greene v. Mari & Sons Flooring Co. Inc. 362 Mass. 560, 562-563 (1972).

    Cited 6 timesPublished
  • Canteen Corp. v. City of Pittsfield

    4 Mass. App. Ct. 289 · Massachusetts Appeals Court · May 5, 1976

    Lanner v. Board of Appeal of Tewks *292 bury, 348 Mass. 220, 228 (1964). Beal v. Building Commr. of Springfield, 353 Mass. 640, 643 (1968). … Whittemore v. Building Inspector of Falmouth, 313 Mass. 248, 249 (1943). McHugh v. Board of Zoning Adjustment of Boston, 336 Mass. 682, 688-689 (1958).

    Cited 8 timesPublished
  • 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.

    Cited 0 timesPublished
  • Kennedy v. Kennedy

    20 Mass. App. Ct. 559 · Massachusetts Appeals Court · Aug 12, 1985

    Brown J. (concurring). I concur fully with the reasoning and result of this court’s decision. … Commonwealth v. Johnson, 372 Mass. 185, 197-198 (1977). The duty to represent a client zealously (see S.J.C. Rule 3:07, DR 7-101[A], as appearing in 382 Mass. 784 [1981]) is not unqualified. See S.J.C.

    Cited 9 timesPublished
  • 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.

    Cited 1 timesPublished
  • Commonwealth v. Valentine

    10 Mass. App. Ct. 544 · Massachusetts Appeals Court · Sep 24, 1980

    L. c. 231, § 81 (Barrette v. … See Commonwealth v. Brown, 378 Mass. 165, 172 (1979), and cases cited. Judgments affirmed. Order denying motion for new trial affirmed.

    Cited 1 timesPublished
  • Deutsche Bank National Trust Co. v. Gabriel

    81 Mass. App. Ct. 564 · Massachusetts Appeals Court · Apr 10, 2012

    Relying on Samuels v. … Silloway, 105 Mass. 517, 519 (1870); Brown v. Brown, 108 Mass. 386, 391-392 (1871); Gragg v. Learned, 109 Mass. 167, 168 (1872); Chamberlin v. Huguenot Mfg. Co., 118 Mass. 532, 536 (1875); Draper v.

    Cited 16 timesPublished
  • Kelleher v. American Mutual Ins. Co. of Boston

    32 Mass. App. Ct. 501 · Massachusetts Appeals Court · May 6, 1992

    Brown, J. The plaintiff Gregory T. Kelleher was struck and seriously injured by an uninsured motorist. Prior to the accident, Kelleher had been operating a motor vehicle owned by his employer, AKE Larson Company, Inc. … Corp. v. Csongor, 391 Mass. 737, 740 (1984), quoting from Community Natl. Bank v. Dawes, 369 Mass. 550, 556 (1976).

    Cited 35 timesPublished
  • Silverlieb v. Hebshie

    33 Mass. App. Ct. 911 · Massachusetts Appeals Court · Jul 30, 1992

    L. c. 39, § 1 and c. 40, § 3), and even by the generous standards of cases such as Hurley v. Brown, 98 Mass. 545, 547-548 (1868), Mead v. Parker, 115 Mass. 413, 415 (1874), and Giles v. … See Ryan v. Stavros, 348 Mass. 251, 263 (1964); Uliasz v. Gillette, 357 Mass. 96, 101 (1970).

    Cited 13 timesPublished
  • American Employers' Insurance v. City of Medford

    38 Mass. App. Ct. 18 · Massachusetts Appeals Court · Jan 5, 1995

    See Bridewell v. Board of Educ., 2 Ill. App. 3d 684, 691 (1971); St. Paul Ins. Cos. v. Horace Mann Ins. Co., 231 N.W.2d 619, 625 (Iowa 1975); United Pac./Reliance Ins. Co. v. Horace Mann Ins. Co., 65 Or. … Co. v. Horace Mann Ins. Co., 567 P.2d 158, 160 (Utah 1977). Contrast Sun Indem. Co. v. Board of Educ., 264 A.D. 73, 74-75 (N.Y. 1942). Under G.

    Cited 7 timesPublished
  • Commonwealth v. Chaplin

    50 Mass. App. Ct. 365 · Massachusetts Appeals Court · Nov 1, 2000

    See, e.g., Commonwealth v. Hardy, 427 Mass. 379, 381-382 (1998). See and compare Commonwealth v. Murchison, 35 Mass. App. … Commonwealth v. Zuzick, 45 Mass. App. Ct. 71, 75 (1998).

    Cited 5 timesPublished
  • Commonwealth v. Bacon

    11 Mass. App. Ct. 997 · Massachusetts Appeals Court · Apr 6, 1981

    See Commonwealth v. Kelley, 370 Mass. 147, 149-150 (1976). … L. c. 112, § 111) issued by the Board of Nursing Home Administrators (G. L. c.

    Cited 0 timesPublished
  • Commonwealth v. Julie A. Carlson.

    Massachusetts Appeals Court · May 20, 2025

    Commonwealth v. Brown, 451 Mass. 200, 202-203 (2008). Although the defendant did not testify and the convictions were never admitted, she may challenge the judge's ruling. See Commonwealth v. … See Brown, 451 Mass. at 203.

    Cited 0 timesUnpublished
  • Tortora v. Inspector of Buildings

    41 Mass. App. Ct. 120 · Massachusetts Appeals Court · Aug 15, 1996

    Corp. v. Taunton, 423 Mass. 390, 395-396 (1996). … As to legitimate exercises of authority, compare Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621, 626-628 (1989); Smith v. Longmeadow, 29 Mass. App. Ct. 599, 603 (1990); Silvia v.

    Cited 7 timesPublished
  • Bettigole v. City Council of Springfield

    1 Mass. App. Ct. 816 · Massachusetts Appeals Court · Apr 24, 1973

    Selectmen of Lakeville v. Alcoholic Beverages Control Commn. 329 Mass. 769 . Reilly v. School Comm, of Boston, 362 Mass. 689 . Cf. Kenworthy & Taylor, Inc. v. … State Examrs. of Electricians, 320 Mass. 451, 452-453 ; Cleary v. Cardullo’s, Inc. 347 Mass. 337, 350-351 ; Board of Gas and Elec. Commrs. of Middleborough v. Department of Pub. Util. 363 Mass. 433, 435-436 .

    Cited 4 timesPublished
  • Woodvale Condominium Trust v. Scheff

    27 Mass. App. Ct. 530 · Massachusetts Appeals Court · Jun 30, 1989

    In Board of Managers of Village Square I Condominium Assn. v. Amalgamated Trust & Sav. … The opinion of the court considered whether the board of managers had given adequate *533 notice and hearing to the unit owner concerning the claimed violation.

    Cited 14 timesPublished
  • Commonwealth v. Colon

    80 Mass. App. Ct. 162 · Massachusetts Appeals Court · Aug 22, 2011

    See Commonwealth v. Gallagher, 68 Mass. App. Ct. 56, 60 (2007), and cases cited. Compare Commonwealth v. Luthy, 69 Mass. App. Ct. at 106 -108 & n.9; Commonwealth v. Rodriguez, 75 Mass. App. … On March 11, 2001, both a brown Cadillac with a tan roof and a white Cadillac were parked in the driveway of 88 South Leyden Street. The brown and tan Cadillac was backed into the driveway and had no license plate.

    Cited 4 timesPublished
  • Sylva's Case

    46 Mass. App. Ct. 679 · Massachusetts Appeals Court · Apr 30, 1999

    The employee appeals from a decision of the reviewing board of the Department of Industrial Accidents on the insurer’s application for a discontinuance of benefits, in which the reviewing board summarily affirmed a decision … Neff v. Commissioner of the Dept. of Industrial Accs., 421 Mass. 70, 73 (1995), quoting from Young v. Duncan, 218 Mass. 346, 349 (1914).

    Cited 4 timesPublished
  • Campinha v. James J. Devine, Inc.

    1 Mass. App. Ct. 482 · Massachusetts Appeals Court · Sep 26, 1973

    See Carlson v. Dowgielewicz, 304 Mass. 560 (1939); Roby v. Boston & Maine R.R. 337 Mass. 369 (1958); McPadden v. W. J. Halloran Co. 338 Mass. 189 (1958); Gauss v. H. N. Hartwell Co. Inc. 338 Mass. 353 (1959); Pettiti v. … McHugh & Son, Inc. 341 Mass. 566 (1960); Tindall v. Denholm & McKay Co. 347 Mass. 100 (1964); Preneveau v. E. A. Wilson Co. 353 Mass. 766 (1968); Brown v. Marr Equip. Corp. 355 Mass. 724 (1969). Cf. Caton v.

    Cited 3 timesPublished
  • Brienzo v. Massachusetts Commission Against Discrimination

    60 Mass. App. Ct. 917 · Massachusetts Appeals Court · Mar 29, 2004

    Boston Edison Co. v. Board of Selectmen of Concord, 355 Mass. 79, 83 (1968). We need only address the second of these requirements. In the case before us, a “reasonably adequate remedy” is available under G.

    Cited 3 timesPublished

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