Case law

Himelfarb v. Novadel Agene Corp.

4 Mass. App. Div. 254 · Massachusetts District Court, Appellate Division · Jul 13, 1939

Lessard v. Kneeland, 257 Mass. 455, 458 . In Kelly v. … In Kelley v. W. D.

Everson v. Pratt

12 Mass. App. Dec. 116 · Massachusetts District Court, Appellate Division · Jul 1, 1956

He found it "to be a small, four-room dwelling, shingled on the outside, with two rooms downstairs and two rooms upstairs, the ceilings and walls of the room being constructed with wall board. … Evans v. County of Middlesex, 209 Mass. 474 . Franklin Park Lumber Company v. Huie-Hodge Lumber Company, 246 Mass. 157 . Daniel v. Jardin, 320 Mass. 764 .

Lanza v. Scarpa

14 Mass. App. Dec. 47 · Massachusetts District Court, Appellate Division · Jun 18, 1957

Polcari v. Cardillo, 316 Mass. 421; Head v. Morton, 302 Mass. 273 . He may be leaving the vehicle. McManus v. Boston El. Ry., 202 Mass. 519 . He may be entirely outside of the vehicle. Ruel v. … He was still attached to it so that for all practical purposes, he was even more in danger from negligent operation than if he had had a foot on the running board.

Pipe Plus, Inc. v. C & B Construction Management, Inc.

2006 Mass. App. Div. 96 · Massachusetts District Court, Appellate Division · May 16, 2006

See Commonwealth v. White, 429 Mass. 258 (1999) for analysis of analogous Mass. R. A. R, Rule 14(b). … Kemble Fisher Realty Trust v. Board of Appeals of Concord, 9 Mass. App. Ct. 477, 479 (1980). Compare G.L.c. 106, §3-308 (Uniform Commercial Code - Proof of signatures and status as holder in due course).

Collette v. Unique Vacations, Inc.

2004 Mass. App. Div. 59 · Massachusetts District Court, Appellate Division · Mar 30, 2004

As stated in O’Brien v. … It would not be enough that both entities operated out of the same location, Browne v. Brockton Nat’l Bank, 305 Mass. 521, 530 (1940), or that Unique used Sandals’ name. See Theos & Sons, Inc. v.

Hunter v. Skate III

1999 Mass. App. Div. 274 · Massachusetts District Court, Appellate Division · Nov 23, 1999

On May 15, 1995, while playing in a league game sponsored by the Hockey Academy, the plaintiff suffered a skull fracture when he skated into a hole on the ice at the defendant’s rink, fell, and careened into the boards surrounding … Davis v. Walent, 16 Mass. App. Ct. 83, 92 (1983), quoting from Altman v. Aronson, 231 Mass. 588, 591-592 (1919).

Landfield v. Paris

11 Mass. App. Div. 221 · Massachusetts District Court, Appellate Division · May 22, 1946

Winslow Bros. & Smith Co. v. Hillsborough Mills, 1946 A. S. 167. … Comm. v. Congdon, 265 Mass. 166 . We find no error on the part of the trial judge; the entry is Report Dismissed.

Goldstein v. Estate of Brecht

1983 Mass. App. Div. 77 · Massachusetts District Court, Appellate Division · Mar 3, 1983

In the case of Jackson v. Arooth, 359 Mass. 721 (1971), the short Statute of Limitations was held to bar a motor vehicle accident bodily injury claim where the decedent had insurance coverage therefor. In Segal v. … Also, see Noyes v Shea, 312 Mass. 32, 35 (1942). Subsequent to the decision in Jackson v. Arooth, supra, the General Court enacted Chapter 298, of the Acts of 1972, adding Section 9A 2 to G.L.c. 197.

Friedman v. Duprey Realty Corp.

28 Mass. App. Dec. 1 · Massachusetts District Court, Appellate Division · Mar 12, 1964

Hinckley v. Retirement Board of Gloucester, 316 Mass. 496, at 500 . The maxim of statutory construction that the expression of one thing is the exclusion of another not mentioned is applicable in this .case. … Universal Machine Co. v. Alcoholic Beverages Control Commission, 301 Mass. 40 ; Spence Brysen, Inc. v. China Products Co., 308 Mass. 81, 88 .

Miller v. Pioneer Cooperative of Franklin County, Inc.

2004 Mass. App. Div. 84 · Massachusetts District Court, Appellate Division · May 24, 2004

There was a Board of Directors as well as a Maintenance Committee. Defendant/ appellant is a corporation organized pursuant to G.L.c. 157B. … Mounsey v. Ellard, 363 Mass. 693 (1973). The trial judge made a finding that The water was not on the steps because nature put it there. Nature put snow on the roof above.

Westerly Tobacco Co. v. Huberman

9 Mass. App. Dec. 74 · Massachusetts District Court, Appellate Division · Feb 28, 1955

The defendant offered evidence to the effect that at the time he was approached by the plaintiff’s agent he was offered a discount of z°fc or five cents a carton on cigarettes, 8 c/o across the board discount on cigars and … Commissioner v. Ryan, 323 Mass. 154, 157 . We see no reason why the same rule is not applicable in *77 determining the fair price level for wholesalers.

Mediplex of Massachusetts, Inc. v. Donovan

1994 Mass. App. Div. 123 · Massachusetts District Court, Appellate Division · Jun 21, 1994

This is an action to recover for nursing home room, board, medical care and related services furnished by the plaintiff to defendant Elizabeth Donovan and to her late husband, Franklin Donovan. Pursuant to Dist./ Mun. … Rozen v. Sverid, 4 Mass. App. Ct. 461, 463-464 (1976).

Smith v. Colonial Inn, LLC

2015 Mass. App. Div. 195 · Massachusetts District Court, Appellate Division · Dec 16, 2015

See Heacock v. Heacock, 402 Mass. 21 , 23 n.2 (1988).” Kobrin v. Board of Registration in Med., 444 Mass. 837, 843 (2005). … DaLuz v. Department of Correction, 434 Mass. 40, 45 (2001), quoting Franklin v. North Weymouth Coop. Bank, 283 Mass. 275, 280 (1933).” Kobrin, supra at 843 .

Resmini v. M.J.M. Associates, Inc.

2005 Mass. App. Div. 76 · Massachusetts District Court, Appellate Division · Jun 23, 2005

Gath v. M/A Com, Inc., 440 Mass. 482, 497 (2003); Honer v. Wizniewski, 48 Mass. App. Ct. 291, 295 (1999). … Ct. 1080, 1081 (1982) and requires “extraordinary circumstances,” Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983), that would not constitute a basis for relief under Rules 60(b) (1) - (b) (3).

Klessens v. Daly

2003 Mass. App. Div. 195 · Massachusetts District Court, Appellate Division · Dec 9, 2003

She did not turn the plaintiffs’ file over to Hurley until the Board of Bar Overseers ordered her to do so in August, 2002. … Scannell v. Ed. Ferreirinha & Irmao, LDA, 401 Mass. 155, 158 (1987). The standard is one of marked deference.” Tai v. Boston, 45 Mass. App. Ct. 220, 224 (1998).

Mahoney v. Walter Reed Corp.

12 Mass. App. Dec. 80 · Massachusetts District Court, Appellate Division · Sep 10, 1956

See Ringstorf v. Winston Bros. Co., 167 Minn. 290; Williams v. Edward Gillen Dock, Co., 25 6 Fed. 591 ; First Presbyterian Congregation v. Smith, 163 Pa. 561 ; Lydecker v. Board of Chosen Freeholders, 91 NJL 622. … See Heaney v. Colonial Filling Stations, 252 Mass. 339 ; Brooks v. Sears, Roebuck & Co., 302 Mass. 184 ; Flynn v. Garber, 333 Mass. 663, 1956 . Jeremiah Sullivan, for the plaintiff.

Kentel v. Laidlaw

4 Mass. App. Div. 87 · Massachusetts District Court, Appellate Division · Feb 9, 1939

Mitchell Lucas Motor Co. v. Town Taxi Inc., No. 10963 of 1919, Municipal Court of the City of Boston, ( 14 App. Div. 84 ), Brown v. Collier, No. 224372, Municipal Court of the City of Boston ( 34 App. Div. 83 ). … Hamel v. Sweat, 256 Mass. 581, 582 ; Fornier v. Zinn, 257 Mass. 575, 577 ; Payson v. Checker Taxi, 262 Mass. 22, 26 ; Bresnick v. Heath, Mass. A. S. (1935) 2297, 2300.

Prudential Loan Corp. v. Peraner

6 Mass. App. Div. 185 · Massachusetts District Court, Appellate Division · May 6, 1941

Gray v. Bowden, 23 Pick. 282 , at 283. Harding v. Covell, 120 Mass, at 123. … Rockwood v. Brown, 1 Gray 261 , at 262, 263. Troeder v. Hyams, 153 Mass. 536, at 540 . Boutelle v. Carpenter, 182 Mass. 417, at 418 .

DaRocha v. Macomber

4 Mass. App. Dec. 135 · Massachusetts District Court, Appellate Division · Jul 1, 1953

Drew v. Curtis, 183 Mass. 317 ; Knudson v. Gen. M. … Brown v. Goldthwaite Co., 186 Mass. 51 . At common law the risk of loss was on the conditional seller but by G.L. c. 106, § 24, such risk falls on the purchaser so long as the seller has not retaken possession.

Beckford v. Beckford

10 Mass. App. Dec. 42 · Massachusetts District Court, Appellate Division · Aug 22, 1955

Commonwealth of Pennsylvania, v. Shaffer, 103 Atlantic 2nd 430; Commonwealth of Pennsylvania v. Warren, 105 Atlantic 2nd 488; See Bigelow v. Bigelow, 120 Mass. 320 ; Buckman v. … Long v. George, 296 Mass. 574, 579; Graves v. Graves, 108 Mass. 314, 318 ; Coe v. Coe, 313 Mass. 232 ; Commonwealth v. Reilly, 248 Mass. 1, 5 ; Whitney v. Whitney, 325 Mass. 28 .