Case law

Sonogram of New England, Inc. v. Amica Insurance

2002 Mass. App. Div. 146 · Massachusetts District Court, Appellate Division · Aug 12, 2002

Fidler v. E.M. … Tausevich v. Board of Appeals of Stoughton, 402 Mass. 146, 149 (1988). The rule is said to be applied “even though the determination was reached upon an erroneous view or by an erroneous application of the law.”

Associated Professions, Inc. v. Berry Wales Co.

5 Mass. App. Div. 219 · Massachusetts District Court, Appellate Division · Apr 16, 1940

Miller v. Carrier, 11 Gray 19 , Brown v. Tweed, 2 Allen 566 , Cunningham v. Hogan, 136 Mass. 407 . In Brown v. … Brown v.

Fogg v. Alessandroni

40 Mass. App. Dec. 166 · Massachusetts District Court, Appellate Division · Jul 22, 1968

at the rate set by the board of rate setting, — to paraphrase the opinion of the court in Springfield Hospital v. … See Springfield Hospital v. Commissioner of Public Welfare, supra, page 708.

McCarthy v. City of Salem

4 Mass. App. Div. 116 · Massachusetts District Court, Appellate Division · Feb 24, 1939

Hooker v. McLennan, 236 *121 Mass. 117 at 120 . … Day v. Vayo, 157 Mass. 472 at 474. Alpert v. Radner, 1936 A. S. 65 at 67. We must conclude that the trial court erred in its rulings and findings..

Woogmaster v. Broomfield

4 Mass. App. Div. 357 · Massachusetts District Court, Appellate Division · Sep 18, 1939

Gillingham v. Brown, 178 Mass. 417 , 421 and cases cited. In the later case at page 422 citing Phillips v. … In Gillingham v. Brown, supra, the defendant agreed to pay a debt which was barred by the Statute of Limitations and made an oral promise to pay in monthly installments of ten dollars.

Kelley v. Lewis

13 Mass. App. Div. 118 · Massachusetts District Court, Appellate Division · Apr 13, 1948

Munroe v. Taylor, 191 Mass. 483 ; Carpenter v. Blake, 251 Mass. 47 ; Staula v. Carrol, 312 Mass. 693 . … Cadigan v. Crabtree, 179 Mass. 474 ; Smith v. Kimball, 193 Mass. 582, at 585 ; see also Gilmore v. Bolio, 165 Mich. 633 .

Hayes v. Zaleznik

2001 Mass. App. Div. 107 · Massachusetts District Court, Appellate Division · May 31, 2001

was not obligated to reimburse the Board if he recovered fees. 1. … See Baker v. Coxe, 940 F. Supp. 409, 417 (D.

Dichter v. State Tax Commission

2 Mass. Supp. 857 · Massachusetts District Court, Appellate Division · Oct 13, 1981

In Evans v. … The basis for that determination is found in Reisman v. Commissioner of Taxation, 326 Mass. 574 (Reisman); State Tax Commission v. Wheatland, 343 Mass. 650 (Wheatland); Commission v. Thomas F.

Pekunece v. Jordan Marsh Co.

46 Mass. App. Dec. 96 · Massachusetts District Court, Appellate Division · May 24, 1971

Jacquot v. Wm. Filene’s Sons Co., supra. Bianchi v. Denholm & McKay Co., 302 Mass. 469 . This case is distinguishable from Graham v. … Longo v. Touraine Stores, Inc., 319 Mass. 727 .” Casagrande v. F.W. Woolworth Co., Inc., 340 Mass. 552, 556 . The case at bar is distinguishable from Graham v.

Melo v. General Electric Capital Auto Lease, Inc.

1999 Mass. App. Div. 269 · Massachusetts District Court, Appellate Division · Nov 18, 1999

Newman v. Brennan, 27 Mass. App. Ct. 1104, 1105 (1989). See also Boston Gas Co. v. Board of Assessors of Boston, 402 Mass. 346, 348 (1988). … In Board of Assessors of Salem v.

Carroll v. DeMoulas Super Markets, Inc.

1987 Mass. App. Div. 163 · Massachusetts District Court, Appellate Division · Sep 28, 1987

See, generally, LaPointe v. License Board of Worcester, 389 Mass. 454, 458 (1983); Strange v. Powers, 358 Mass. 126, 135-136 (1970); O’Leary, Pet., 325 Mass. 179, 182 (1950). … See, generally, Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 32 (1983); Metivier v. McDonald’s Corp., 16 Mass. App. Ct. 916, 918 (1983) and cases cited.

Marlborough Square, LLC v. Costa

2011 Mass. App. Div. 131 · Massachusetts District Court, Appellate Division · Jun 13, 2011

Browning-Ferris Indus., Inc. v. Casella Waste Mgt. of Mass., Inc., 79 Mass. App. Ct. 300, 307 (2011). The trial judge made no written ruling as to whether an ambiguity existed in the lease at issue. … See Brown v. Guerrier, 390 Mass. 631, 633-634 (1983). Where, as here, the lease does not address the amount of use and occupancy charges, such charges are determined by the fair rental value of the premises.

Ward v. Tholander

3 Mass. App. Div. 138 · Massachusetts District Court, Appellate Division · Mar 29, 1938

Wiseman v. Rome, 250 Mass. 505 , Dennison v. Swerdlove, 250 Mass. 507 , cf. Zandan v. Radner, 242 Mass. 503, 505 . The defendant lays great weight on the case of Withington v. … Rollins v.

Amaro v. F. W. Woolworth Co.

43 Mass. App. Dec. 47 · Massachusetts District Court, Appellate Division · Nov 9, 1968

McFaden v. Nordblom, 307 Mass. 574, 575 . Brown v. Metropolitan Transit Authority, 345 Mass. 636, 638 . … Brown v. Metropolitan Transit Authority, 345 Mass. 636, 638-639 . Tighe v. Skillings, 297 Mass. 504, 507 .

Rendek v. Hodgson

2001 Mass. App. Div. 120 · Massachusetts District Court, Appellate Division · Jun 12, 2001

County Personnel Board v. Third District Court of Eastern Middlesex, 369 Mass. 972, 973 (1976), citing Commissioners of Civil Serv. v. Municipal Court of the City of Boston, 359 Mass. 211 (1971). … County Personnel Board, supra.

Watts v. McDonald

10 Mass. App. Div. 86 · Massachusetts District Court, Appellate Division · Apr 27, 1945

Beginning with Lee v. Tarplin, 194 Mass. 47 , and continuing with Brown v. Hannagan, 210 Mass. 246, at 248 , Leman v. Locke, 240 Mass. 551, at 553, 554 , and Yale University v. … In two of the cases cited, Lee v. Tarplin, supra, and Brown v. Hannagan, supra, and the doctrine of merger was discussed and the. discharges granted were held not to be a bar to recovery. In Leman v.

Segal v. Jamron

2014 Mass. App. Div. 67 · Massachusetts District Court, Appellate Division · Mar 28, 2014

See Flores v. Castaldi, 2013 Mass. App. Div. 121, 122 , citing Donovan v. Mahoney, 2012 Mass. App. Div. 4, 5 (“appellant’s burden to prepare and furnish adequate trial court record for review on appeal”). … Jamron notified the board of health, whereupon “Segal caused the problem to be corrected *68 the next day... in a good and workmanlike manner to the satisfaction of the Board.”

Driscoll v. Arbella Mutual Insurance

2005 Mass. App. Div. 3 · Massachusetts District Court, Appellate Division · Jan 21, 2005

Bobick v. U.S. Fidelity and Guar. Co., 439 Mass. 652, 658-9 (2003); Hopkins v. Liberty Mut. Ins. Co., 434 Mass. 556, 564 (2001). … With respect to the Board’s decision, it has preclusive effect on the issue of whether the degree of the Plaintiffs responsibility for the accident would prevent him from recovering. See Almeida v. Travelers Ins.

Sideris v. LaPorte's Inc.

1 Mass. App. Div. 458 · Massachusetts District Court, Appellate Division · Sep 14, 1936

The case was tried with a companion case of the plaintiff’s husband, i. e., Nicholas Sideris v. LaPorte’s Inc., No. 5870 of the District Court of Peabody and Appellate Division No. 1658, for consequential damages. … The fact that it was a “dark brown black substance” is no indication of as to how long it had adhered to the floor nor evidence of its age.

Keerd v. Usen

1982 Mass. App. Div. 239 · Massachusetts District Court, Appellate Division · Oct 27, 1982

The plaintiff also resubmitted revised septic system plans to the Board of Health on April 28, 1980. … The report states that the “Director of the Board of Health and Keerd testified that Keerd could have obtained a Board of Health permit concerning the septic system if his plans were revised.”