Case law

Roy v. Gravel

23 Mass. App. Dec. 155 · Massachusetts District Court, Appellate Division · Jul 1, 1962

Murphy v. Kelley, 302 Mass. 390, 391 . Sutherland v. MacLeod, 311 Mass. 295, 296 . Mendes v. Roche, 317 Mass. 321, 324 . G. L. (Ter. Ed.) c. 260, s. 2. … Gillingham v. Brown, 178 Mass. 414, 421 . Gill v. Gibson, 225 Mass. 266 . Packard v. Ala., 16 Mass. App. Dec. 160, 164 .

Harrington v. Lewis

1982 Mass. App. Div. 205 · Massachusetts District Court, Appellate Division · Aug 24, 1982

On or about March 10, 1980, the plaintiff filed a petition for a variance with the Zoning Board of Appeals for the Town of Millis regarding the subject property, and, by decision dated April 14, 1980, the board ruled that … (See LaRosa v. Howard D. Johnson Co., 15 Mass. App. Dec. 149, 153 [1958]). Counsel evidently intended to cite G.L. c. 40A.

Van Liew v. Stansfield

2014 Mass. App. Div. 69 · Massachusetts District Court, Appellate Division · Mar 28, 2014

In McLarnon v. … See Smith v. Jones, 67 Mass. App.

Pocasset Mobile Home Park, LLC v. Carvalho

2011 Mass. App. Div. 77 · Massachusetts District Court, Appellate Division · Apr 21, 2011

See Brown v. LeClair, 20 Mass. App. Ct. 976, 978 (1985) (noting that damages are not capable of precise measurement in these cases, and approving an “approximate result”). … See Brown v. LeClair, 20 Mass. App. Ct. 976, 978 (1985).

Bertrand v. Merrimack Mutual Fire Insurance

2010 Mass. App. Div. 85 · Massachusetts District Court, Appellate Division · Mar 30, 2010

However, both §99 and §101E of G.L.c. 175 provide that a decision of a board of referees is final as to the amount of the loss sustained by the insured. See Employers’ Liab. Assur. Corp., Ltd. v. … Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). Compare, however, Pupecki v.

Vining v. Massachusetts Bay Transportation Authority

2005 Mass. App. Div. 121 · Massachusetts District Court, Appellate Division · Sep 26, 2005

The authority to make decisions at the MBTA is vested by statute in the board of directors and the chairman, who is appointed by that board. G.L.c. 161A, §3; Appley v. Locke, 396 Mass. 540, 541 (1986). … The MBTA argues that Vining cannot prevail on his breach of contract claim because he cannot prove that the MBTA board of directors, or an authorized agent, offered the salary he claims to be owed.

Weaver v. Roche Bros. Supermarket

1998 Mass. App. Div. 26 · Massachusetts District Court, Appellate Division · Feb 2, 1998

The floor had *27 white tiles and the coffee beans were dark brown but the plaintiff had failed to see the coffee bean before the slip and fall. A trial judge’s finding of facts must be given great weight. … Mounsey v. Ellard, 363 Mass. 693 (1973). The trial judge found that the defendant had not acted reasonably in light of all the circumstances in the particular case. His findings of fact were not clearly erroneous.

Massachusetts General Hospital v. City of Chelsea

23 Mass. App. Dec. 58 · Massachusetts District Court, Appellate Division · Nov 2, 1961

Worcester v. Charlton, 336 Mass. 525; Symmes Arlington Hospital v. Arlington, 292 Mass. 162 ; Templeton v. Winchendon, 138 Mass. 109 . Granted by the court. 2a. … Palmer v. Hampden, 182 Mass. 511 ; Smith v. Colerain, 50 Mass. 492 . Granted by the court. 3 a.

Schroth v. Massachusetts Bay Transportation Authority

55 Mass. App. Dec. 177 · Massachusetts District Court, Appellate Division · Oct 24, 1974

Aiken v. Holyoke St. Rwy. Co., 184 Mass. 269 ; Baines v. Collins, 310 Mass. 523 ; See Commonwealth v. Welansky, 316 Mass. 383, 396-401 . … Sheehan v. Goriansky, 317 Mass. 10, 14-16 (Boy was trespasser on running board of auto and defendant drove onto dirt road, increased speed, ran into a pole and killed boy. Def. bable).

Blout v. Johnson

43 Mass. App. Dec. 127 · Massachusetts District Court, Appellate Division · May 8, 1969

Stevens v. St. Botolph Holding Company, 316 Mass. 238 . Stella v. Curtis, 348 Mass. 458, 461 . … See Kacavas v. Diamond, 303 Mass. 88, 91 .

Berninger v. Small

1986 Mass. App. Div. 87 · Massachusetts District Court, Appellate Division · Jun 4, 1986

See Paresky v. Board of Zoning Appeal of Cambridge, 19 Mass. App. Ct. 612, 615 (1985) and cases cited. … Parrell v. Keenan, 389 Mass. 809 , 814 n. 7(1983); Klimas v. Mitrano, 17 Mass. App. Ct. 1004 (1984); Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct., at 33 .

J.A.C. Construction Co. v. Holmes

1992 Mass. App. Div. 83 · Massachusetts District Court, Appellate Division · Apr 21, 1992

See Brown v. Quinn, 1987 Mass. App. Div. 215 , aff'd 27 Mass. App. Ct. 288 (1989), aff'd 406 Mass. 641 (1990). … Co. v. LeTendre, 384 Mass. 481, 484 (1981), citing Schulte v. Director of Div. of Employ. Sec., 369 Mass. 74, 78-80 (1975). See also, Brown v. Quinn, supra, 406 Mass, at 643-644.

Comforte v. Samuel Z. Goldstein, Inc.

42 Mass. App. Dec. 209 · Massachusetts District Court, Appellate Division · Oct 3, 1969

There was evidence floor boards had previously vibrated when children played there and boards were shaky. No witness saw the accident. … Martin v. Reis, 344 Mass. 32, 35 ; Scire v. Scire, 348 Mass. 768 ; Piekos v. Bachand, 333 Mass. 211, 213 .

Savoie v. Jesus

1985 Mass. App. Div. 177 · Massachusetts District Court, Appellate Division · Sep 12, 1985

Spencer v. Robert Laurence, Inc., 347 Mass. 765 (1964); Barton v. Cambridge, 318 Mass. 420, 424 (1945); Parker v. Levin, 285 Mass. 125, 129 (1934). … Sawyer, Co. v. Boyajian, 298 Mass. 415, 416, 417 , (1937); Gilman v. Brown, 45 Mass. App. Dec. 184, 187 (1970); Brennan v. Bollino, 25 Mass. App. Dec. 200, 201 (1962).

Weiner v. Bernstein

22 Mass. App. Dec. 32 · Massachusetts District Court, Appellate Division · Jun 22, 1961

If the rule of damages that the defendant stresses as set forth in Pelatowski v. Black, 213 Mass. 428 , and Divito v. … Scullane v. Kellogg, 169 Mass. 544 ; Cross v. Sharaffa, 281 Mass. 329, 331 ; Babikian v. Brown, 293 Mass. 195 ; Ryder v. Warren, 295 Mass. 25 , 28. Myron J. Cohen of Boston, for the Plaintiff. Irving J.

Fleming v. Kroen

1991 Mass. App. Div. 35 · Massachusetts District Court, Appellate Division · Mar 6, 1991

Hough v. City of Newton, 1985 Mass. App. Div. 8 ; O’Connell & Co., Inc. v. Gassett, 1986 Mass. App. Div. 160 ; Hunt v. Swim, Inc., 1989 Mass. App. Div. 208 ; Brown, et al. v. Quinn, 27 Mass. App. Ct. 288 . … Old Colony Bank of Worcester v. Miller, 1981 Mass. App. Div. 202, 206 .

Joseph Freedman Co. v. North Penn Transfer, Inc.

1982 Mass. App. Div. 186 · Massachusetts District Court, Appellate Division · Jul 8, 1982

Brown’s Case, 334 Mass. 343 . “An Appellate Court should not disturb a finding if it can be supported on any reasonable view of the evidence with all rational inferences of which it is susceptible.” Luongo v.

Massachusetts Higher Education Assistance Corp. v. Dowd

2002 Mass. App. Div. 161 · Massachusetts District Court, Appellate Division · Aug 14, 2002

Wickstrom v. Castonguay, 2001 Mass. App. Div. 220, 221 . As a result the dismissal of the appeal is not properly before us, and this appeal is dismissed. … Brown v. Quinn, 406 Mass. 641, 645 (1990). Other than filing of the appeal notice, the absence of entries upon the docket reflect that Dowd Med to adhere to any time requirements.

Hartunian v. Arbella Mutual Insurance

2013 Mass. App. Div. 83 · Massachusetts District Court, Appellate Division · Apr 17, 2013

As an unpaid party, Byron V. Hartunian, M.D., P.C. … See Brown v. F.L. Roberts & Co., 452 Mass. 674, 678 (2008). 3 Judgment affirmed. So ordered.

Tabor School Camp, Inc. v. Norfolk Hunt Club

30 Mass. App. Dec. 129 · Massachusetts District Court, Appellate Division · Jul 1, 1964

Moss v. Old Colony Tr. Co., 246 Mass. 139 . The defendant in his brief cites Rourke v. Cadillac Automobile Co., 268 Mass. 1 . … Hall v. Boston and Worcester RR., 14 Allen 439 ; Doyle v. Pearless Motor Co., 226 Mass. *138 561 and cases cited. Good faith is of no consequence. See Doyle v. Pearless, cited supra. William A.