Case law

Reznik v. Yelton

2011 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 14, 2011

Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983). 2. And that is the fatal flaw in the Rezniks’ Rule 60(b) (4) motion. … The trial court dockets are littered as well with Reznik’s continuing complaints of the same ilk against the defendants’ attorney and trial court judges to the Board of Bar Overseers, Judicial Conduct Commission, Massachusetts

Ryan v. DiPaolo

7 Mass. App. Div. 387 · Massachusetts District Court, Appellate Division · Nov 19, 1942

Leland v. United Commercial Travellers of America, 233 Mass 558, at 560, 561. Everett-Morgan Co. v. Boyajian Phar *391 macy, 244 Mass. 460, at 463 . Brown v. Grow, 249 Mass. 495, at 499 . … Mercier v. Union Street Ry., 230 Mass. 397, at 404 . Jackson Caldwell Co. v. Poto, 235 Mass. 58, at 60 . Claffy v. Fenelon, 263 Mass. 427, at 430 . Lennon v. Cohen, 264 Mass. 414, at 426 . Holton v.

Conti v. City of Somerville

13 Mass. App. Div. 131 · Massachusetts District Court, Appellate Division · Jul 16, 1948

Child v. Boston, 4 Allen 41 , 51; Emery v. Lowell, 104 Mass. 13 ; Merrifield v. Worcester, 110 Mass. 216, 221 ; Hill v. Boston, 122 Mass. 344 ; Bates v. Westborough, 151 Mass. 174 ; Allen v. … Brockton. 295 Mass. 205 , recovery for injuries was denied an inmate of the city’s almshouse who was riding in an automobile truck owned by a city and operated by one of its board of public welfare, while returning from carrying

Moore Real Estate Trust v. Din-Dayal

2006 Mass. App. Div. 123 · Massachusetts District Court, Appellate Division · Jul 31, 2006

Brown, 400 Mass. 826, 833 (1987), a housing case involving discrimination against recipients of housing subsidies, the Court stated that the standard of proof as set out in Wheelock College v. … Pacheco v. Cannela, 21 MDLR 151 , 152 (1999); Unubum v. McGrath, 19 MDLR 81 , 82 (1997); Rivera v. Djordjevic, 15 MDLR 1058 (1993); Agnew v. Novick, 4 MDLR 1584 (1982); Roy v. O’Brien, 2 MDLR 1259 (1980).

Ritchie v. Treat

1983 Mass. App. Div. 148 · Massachusetts District Court, Appellate Division · May 2, 1983

In the case of Victum v. Martin, 367 Mass. 404 , 36 N. … In Victum v. Martin, supra, the court stated: The Legislature doubtless has the power to prescribe the rules of evidence and the methods of proof to be employed in trials and in hearing before administrative boards.

Frizzell v. Metropolitan Coal Co.

2 Mass. App. Div. 88 · Massachusetts District Court, Appellate Division · Jan 15, 1937

It appears that the deed above referred to was duly executed by the corporation on February 8, 1934, but no delivery of the same was made at that time because of “the necessity of having the defendant’s Board of Directors … Herman v. Conn. Mutual Life Ins. Co., 218 Mass. 181, 186 . E. V. Harmon & Co. v. Wm. Filene’s Sons Co., 232 Mass. 52, 55 . Rockport Granite Co. v. Plum Island Beach Co., 248 Mass. 290, 295 . Calkins v.

Rockland Trust Co. v. Langone

2007 Mass. App. Div. 157 · Massachusetts District Court, Appellate Division · Oct 22, 2007

GML Corp. v. Massey, 2007 Mass. App. Div. 143, 147 . See Beal Bank, SSB v. Eurich, 448 Mass. 9, 12 (2006); Widett & Widett v. … Kobrin v. Board of Registration in Med., 444 Mass. 837, 843 (2005), quoting DaLuz v. Department of Corr., 434 Mass. 40, 45 (2001). See also Bernier v.

Golka v. Massachusetts Port Authority

47 Mass. App. Dec. 93 · Massachusetts District Court, Appellate Division · Nov 15, 1971

He then drove his vehicle into the parking lot area, parked and locked the vehicle, removed the *96 keys, took the keys with him and boarded an airplane for Mew York City. … See Hanna v. Shaw, 244 Mass. 57 ; Doherty v. Ernst, 284 Mass. 341 ; Sandler v. Commonwealth Station Co., 307 Mass. 470 ; Butler v. Bowdoin Sq. Garage, Inc., 329 Mass. 28 ; and Cox v. N.E.

O'Neil v. Massachusetts Bay Transportation Authority

42 Mass. App. Dec. 160 · Massachusetts District Court, Appellate Division · Feb 26, 1969

There was evidence that on this date the plaintiff boarded a train of the defendant, a common carrier, as a passenger for hire. … O’Toole v. Magoon, 295 Mass. 527, 530 . Codman v. Beane, 312 Mass. 570, 576 . Kesley v. Hampton Court Hotel Co., 327 Mass. 150, 152 . Robert V. Mann for plaintiff Baron H.

Rogers v. Pomeroy

2004 Mass. App. Div. 176 · Massachusetts District Court, Appellate Division · Oct 29, 2004

a criminal conviction, and the Chief of Police (“Chief’), through his designee, denied Rogers’s application in a letter of February 14, 2002 because of a disqualifying conviction reported by the Criminal History Systems Board … Rogers v.

Goldstein v. Hartford Accident & Indemnity Co.

1981 Mass. App. Div. 243 · Massachusetts District Court, Appellate Division · Dec 2, 1981

While the holding of this case dealt with a res judicata issue of a prior determination of the Board of Appeal on Motor Vehicle Liability Policies and Bonds that an insurance company had improperly imposed a surcharge on … Kilfoyle v. Liberty Mutual Insurance Co., 56 Mass. App. Dec. 134 (1975).

Rogers v. Town of Plainville

1999 Mass. App. Div. 210 · Massachusetts District Court, Appellate Division · Aug 31, 1999

Corp. v. Commissioner of Revenue, 413 Mass. 445 , 448 (1992).” O’Neil v. City Manager of Cambridge, 428 Mass. 257 (1998), at 260. … See Hashimi v. Kalil, 388 Mass. 607 (1982), at 609. U. S. v. Holmquist, 36 F.3d 154 (1st Cir. 1994), at 159.

Hannaford v. Thorne

23 Mass. App. Dec. 139 · Massachusetts District Court, Appellate Division · Feb 28, 1962

Claflin v. U. S. Credit System Co., 165 Mass. 501, 503 ; Gerwonka v. Saugus, 316 Mass. 152 ; Fouquette v. Millette, 310 Mass. 351 ; Tocci v. Lembo, 325 Mass. 707 ; Johnson v. Senecal, 329 Mass. 556, 558 ).” … It is true, as Lord Brougham said in Egerton v. Brownlow, 4 H.L. (Eng.) cas. I-96, quoted in Council v.

O'Brien v. Alexander Grant & Son, Inc.

10 Mass. App. Div. 237 · Massachusetts District Court, Appellate Division · Dec 22, 1945

Shulkin v. Shulkin, 301 Mass. 184 at 194 , and cases cited. … “The Court finds that, by vote of the Board of Directors of the defendant company, a ‘salesman’s compensation is to be based on the basis of 5% commission on the net sale price of any jobs procured by him or through his clients

Glennon v. Saunders

43 Mass. App. Dec. 35 · Massachusetts District Court, Appellate Division · Oct 4, 1968

Gallo v. Leahy, 297 Mass. 265, 268 . Brogna v. Capodilupo, 279 Mass. 586 . *42 Stern v. Swartz, 283 Mass. 436 . 7. … Barrell v. Britton, 252 Mass. 504 .

Penta v. Covino

1994 Mass. App. Div. 4 · Massachusetts District Court, Appellate Division · Jan 12, 1994

Tamerlane Realty Tr. v. Board of App. of Provincetown, 23 Mass. App. Ct. 450, 454 (1987). In the interests of justice, a new trial is in order. 2. … Spring v. Geriatric Auth., 394 Mass. 274, 287 (1985);Entrialgo v. Twin City Dodge, Inc, 368 Mass. 812 (1975); Piccuirro v. Gaitenby, 20 Mass. App. Ct. 286, 292 (1985).

Giannos v. Portnov

57 Mass. App. Dec. 33 · Massachusetts District Court, Appellate Division · Jun 20, 1974

Fields v. Oberstein, 347 Mass. 777; Sullivan, Administratrix v. Hanacher, 339 Mass. 190 ; Callahan, Executor v. The Fleischman Co., 262 Mass. 437 . … Casey v. Gallagher, 326 Mass. 746 ; London Clothes, Ltd. v. Maryland Casualty Co., 318 Mass. 692, 697 ; Hosmer, Inc. v. Commonwealth, 302 Mass. 495 -499; Moss and others v. Old Colony Trust Co., 246 Mass. 139, 143 .

First Agricultural Bank v. Cappuccino of the Berkshires, Inc.

1986 Mass. App. Div. 110 · Massachusetts District Court, Appellate Division · Aug 15, 1986

Bartley v. Phillips, 317 Mass. 35,42 (1944); Massachusetts General Hospital v. City of Quincy, 348 Mass. 767 , 791 (1965) (rescript opinion); Scire v. Scire, 348 Mass. 767 , 768 (1964) (rescript opinion); Adamaitis v. … Brown, 394 Mass. 151 (1985), the party need only suffer some injury of the kind contemplated by the statute, or the “invasion of any legally protected interest of another,” [ quoting from restatement second of torts, § 7,

Philip Richenburg Insurance Agency, Inc. v. Ruscito Contracting Co.

35 Mass. App. Dec. 43 · Massachusetts District Court, Appellate Division · Apr 8, 1966

Thompson v. King, 173 Mass. 439, 442 ; Fay v. Sears, 111 Mass. 154 . … Jarvis v. Mitchell, 99 Mass. 530 ; Brown v. Tweed, 2 Allen 566.

Karff v. Commercial Insurance Co. of Newark

43 Mass. App. Dec. 218 · Massachusetts District Court, Appellate Division · Feb 4, 1970

Simmons v. Cambridge Savings Bank, 346 Mass. 327 . … Reserve Life Insurance Company v. Coke, 254 Miss. 936 .