Case law

Butler v. Directors of Port of Boston

222 Mass. 5 · Massachusetts Supreme Judicial Court · Sep 16, 1915

Nichols v. Rogers, 139 Mass. 146 . Wallingford v. Mutual Society, 5 App. Cas. 685, 697. The question then is whether the facts alleged constitute ground for the issuance of the writ. … Gardner v. Lowell, 221 Mass. 150 . It is the general rule that where adequate relief may be had by resort to some other *13 remedy, the court will not issue a writ of mandamus. Crocker v.

Berninger's Case

253 Mass. 52 · Massachusetts Supreme Judicial Court · May 28, 1925

board.” … Newburyport Institution for Savings v. Coffin, 189 Mass. 74 . Walters v. Jackson & Newton Co. 231 Mass. 247 .

Merchants' Insurance Co. of Providence v. Abbott

131 Mass. 397 · Massachusetts Supreme Judicial Court · Sep 13, 1881

. * Kelly v. Solari, 9 M. & W. 54. Townsend v. Crowdy, 8 C. B. (N. S.) 477. Pearson v. Lord, 6 Mass. 81 . Stuart v. Sears, 119 Mass. 143 . Welch v. Goodwin, 123 Mass. 71 . 2 Phil. Ins. §§ 1816,1817. … Manahan v. Gibbons, 19 Johns. 109 . The other four actions are brought against Abbott and the members of the firm of Browne, Steese and Clarke.

Andersen v. Wilhelmsen

37 F. Supp. 515 · District Court, D. Massachusetts · Mar 10, 1941

Each bale had two protective wrappers, one of wood pulp similar to the material in the sheets, an inner wrapper, and an outer wrapper of heavy brown paper. … Morse v. Homer’s, Inc., 295 Mass. 606, 609 , 4 N.E.2d 625 . The bales were in good condition on January 15 when Terminal received them on Pier 43. Terminal said so.

Aberthaw Construction Co. v. Cameron

194 Mass. 208 · Massachusetts Supreme Judicial Court · Feb 27, 1907

Commonwealth v. Hunt, 4 Met. 111 . Commonwealth v. Eastman, 1 Cush. 189 , 224. Revere Water Co. v. Winthrop, 192 Mass. 455 . … Phelps v. Cutler, 4 Gray, 137 . Stewart v. Thomas, 15 Gray, 171 . Baldwin v. Parker, 99 Mass. 79 . Kline v. Baker, 106 Mass. 61 .

Boisvert v. Ward

199 Mass. 594 · Massachusetts Supreme Judicial Court · Oct 20, 1908

Sampson v. Holbrook, 192 Mass. 421 . Lavelle v. Dunn-Green Leather Co. 194 Mass. 294 . Beique v. Hosmer, 169 Mass. 541 . Gillette v. General Electric Co. 187 Mass. 1 . 2. … Whalen v. Rosnosky, 195 Mass. 545 . Exceptions overruled.

TROPICAL FAY'S - II, LLC, & Another v. ZONING BOARD OF APPEAL OF BOSTON & Another.

Massachusetts Appeals Court · Jul 29, 2025

"Section 11 of the [Boston zoning] enabling act confers standing on '[a]ny person aggrieved by a decision' of the board of appeal." Epstein v. Board of Appeal of Boston, 77 Mass. App. Ct. 752, 756 (2010). … Porter v. Board of Appeal of Boston, 99 Mass. App. Ct. 240, 241 (2021). "A plaintiff who is an abutter to the property in question enjoys a presumption that he or she is a 'person aggrieved.'" Picard v.

Commonwealth v. Mullin

20 Mass. L. Rptr. 113 · Massachusetts Superior Court · Sep 22, 2005

as well as evidence of Brown’s actual oral statements, would violate his right of confrontation, as elucidated in Bruton v. … See id. at 390-91 , citing Commonwealth v. Pontes, 402 Mass. 311, 314-15 (1988); Commonwealth v. McGrath, 358 Mass. 314, 321 (1970); Commonwealth v. Steven, 29 Mass.App.Ct. 978, 979 (1990); Commonwealth v.

DiGregorio v. Registrar of Motor Vehicles

78 Mass. App. Ct. 775 · Massachusetts Appeals Court · Feb 17, 2011

See Breslin v. Board of Appeal on Motor Vehicle Liability Policies & Bonds, 70 Mass. App. Ct. 131, 134 (2007). … Co. v. Energy Facilities Siting Bd., 453 Mass. 135, 142 (2009), quoting from White v. Boston, 428 Mass. 250, 253 (1998).

American Institute for Economic Research v. Assessors of Great Barrington

324 Mass. 509 · Massachusetts Supreme Judicial Court · Jul 5, 1949

Bottini v. Addonizio, 261 Mass. 456 . … Mercier v. Union Street Railway, 230 Mass. 397, 404 . Ambrose v. Boston Elevated Railway, 309 Mass. 219, 222 .

Silva v. Director of the Division of Employment Security

398 Mass. 609 · Massachusetts Supreme Judicial Court · Nov 24, 1986

“It is . . . the function of the board and not a judge to make findings of fact” in employment security cases. White v. Director of the Div. of Employment Sec., 382 Mass. 596 , 599 (1981). See Manias v. … If the findings of the board are supported by substantial evidence, and if there is no error of law, the court must affirm the board. See Keough v. Director of the Div. of Employment Sec., 370 Mass. 1, 3 (1976).

Marshall v. City of Cambridge

310 Mass. 822 · Massachusetts Supreme Judicial Court · Oct 9, 1941

Brown v. Winthrop, 275 Mass. 43, 46 , and cases cited. Merrill v. Springfield, 284 Mass. 260 . See also Cameron v. Somerville, 285 Mass. 307, 310 , which is distinguishable. Compare Blanchard v. … Brown v. Winthrop, 275 Mass. 43, 46 . The notice was not sufficient as matter of law and the plaintiff cannot prevail.

COLYNE GERMAIN v. KELLY A. GOODNEY GERMAIN & Others.

Massachusetts Appeals Court · May 8, 2026

Colyne filed a second amended equity complaint against Kelly, the Worcester Retirement Board (board), and the city alleging unjust enrichment and seeking declaratory relief. … See Browning-Ferris Indus., Inc. v. Casella Waste Mgt. of Mass., Inc., 79 Mass. App.

Ricci's Case

294 Mass. 67 · Massachusetts Supreme Judicial Court · Mar 7, 1936

The decision of the reviewing board must be accepted as final if there is any evidence to support it. Kareske’s Case, 250 Mass. 220 . Weir’s Case, 252 Mass. 236 . … The decision of the reviewing board shows that that burden was not sustained. It cannot be held that on the evidence in the case at bar the finding of the board was not warranted. Topjian v. Boston Casing Co.

Carr v. Town of Bourne By Its Board of Selectmen

District Court, D. Massachusetts · Apr 12, 2023

Underwood v. Barrett, 924 F.3d 19, 20 (1st Cir. 2019) (citing Scott v. … .”); see also Ingram v.

Town of Wrentham v. West Wrentham Village, LLC

451 Mass. 511 · Massachusetts Supreme Judicial Court · May 27, 2008

See Federman v. Board of Appeals of Marblehead, 35 Mass. App. … Because the HAC’s remand is not final as to the board, the Cliff House exception does not apply. See Federman v.

Beckles's Case

230 Mass. 272 · Massachusetts Supreme Judicial Court · May 24, 1918

Aside from the exclusion by the Industrial Accident Board of certain evidence offered by the claimant, the question presented is, whether the finding of the board that the injury was not due to the serious and wilful misconduct … Freeman v. United Fruit Co. 223 Mass. 300, 302 . Burns’s Case, supra, and cases cited. Nickerson’s Case, 218 Mass. 158, 160 . Johnson v. Marshall Sons & Co. Ltd. [1906] A. C. 409, 411.

Mayor of Haverhill v. Water Commissioners of Haverhill

320 Mass. 63 · Massachusetts Supreme Judicial Court · Jun 29, 1946

Cohen v. Price, 273 Mass. 303, 309 . Commonwealth v. Bloomberg, 302 Mass. 349, 352 .” Hinckley v. Retirement Board of Gloucester, 316 Mass. 496, 500 . … Georgetown, 190 Mass. 225, 229 ; Boston v. Dolan, 298 Mass. 346 . Nothing to the contrary is contained in such cases as Muldoon v. Lowell, 178 Mass. 134 , Bowers v. Selectmen of Needham, 216 Mass. 422 , Whiting v.

Pendergast v. Massachusetts Department of Revenue (In re Pendergast)

494 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Jun 11, 2013

Brown v. Massachusetts Department of Revenue (In re Brown)/Gonzalez v. Massachusetts Department of Revenue (In re Gonzalez), 489 B.R. 1 (Bankr.D.Mass.2013). . In re Brown/Gonzalez, 489 B.R. at 6 . . … Martin v. United States of America (In re Martin), 482 B.R. 635, 639 (Bankr.D.Colo.2012). . In re Brown/Gonzalez, 489 B.R. at 5 . . Id. . Id. . Perkins v. Massachusetts Dep’t of Rev.

Krupp v. Building Commissioner of Newton

325 Mass. 686 · Massachusetts Supreme Judicial Court · Apr 27, 1950

Brodbine v. Revere, 182 Mass. 598, 600 . Boston v. Chelsea, 212 Mass. 127, 128 . But when the Legislature has adopted a policy it may delegate to a board or an officer the working out of the details of that policy. … Norcross v. Board of Appeal of Boston, 255 Mass. 177, 186 . Opinion of the Justices, 321 Mass. 759, 765 .