Case law

Bianco v. Piscopo

263 Mass. 549 · Massachusetts Supreme Judicial Court · May 26, 1928

Merrill v. New England Mutual Life Ins. Co. 103 Mass. 245, 247, 248 . Harrington v. Brown, 5 Pick. 519 , 522. Vinton v. Sargent, 195 Mass. 133 . By G. … Gaylord, 11 Mass. 256, 263, 264 ; Harrington v. Brown, supra; Backemann v. Taylor, 204 Mass. 394, 402, 403 ; Morrison v. Hass, 229 Mass. 514, 517, 518 ; Wright v. Macomber, 239 Mass. 98, 101, 102 .

Chandler v. City of Lawrence

128 Mass. 213 · Massachusetts Supreme Judicial Court · Jan 21, 1880

Brackett v. Blake, 7 Met. 835 , 339. Knowles v. Boston, 12 Gray, 339 . … Bennett v. New Bedford, 110 Mass. 433 . Holt v. City Council of Somerville, 127 Mass. 408 . Judgment affirmed.

Leone's Case

239 Mass. 1 · Massachusetts Supreme Judicial Court · May 28, 1921

Fifer v. Clearfield & Cambria Coal & Coke Co. 103 Md. 1 . Boulton v. Jones, 2 H. & N. 564. Boston Ice Co. v. Potter, 123 Mass. 28 . Brighton Packing Co. v. Butchers Slaughtering & Melting Association, 211 Mass. 398 . … The case of Young v.

J & R Investment, Inc. v. City Clerk

28 Mass. App. Ct. 1 · Massachusetts Appeals Court · Nov 2, 1989

Soc. of Graduate Physical Therapists, Inc. v. Board of Registration in Medicine, 330 Mass. 601, 605-606 (1953). … Corp. v. Gloucester, 371 Mass. 19, 20, 24 (1976); Samson v. San-Land Dev. Corp., 17 Mass. App. Ct. 977, 978 (1984).

Workmen's Circle Educational Center of Springfield, Inc. v. Assessors of Springfield

314 Mass. 616 · Massachusetts Supreme Judicial Court · Oct 28, 1943

Hairenik Association, Inc. v. Boston, 313 Mass. 274 . The principal use made of the property of the appellant was a question of fact for the determination of the board. Salem Lyceum v. Salem, 154 Mass. 15 . … in view of the ultimate finding upon which the decision of the board was based.

Olund v. Worcester Consolidated Street Railway Co.

206 Mass. 544 · Massachusetts Supreme Judicial Court · Oct 19, 1910

Pomeroy v. … Nolan v. Newton Street Railway, 206 Mass. 384 .

Lundy v. Town of Wayland

328 Mass. 581 · Massachusetts Supreme Judicial Court · Apr 4, 1952

Burlington v. Dunn, 318 Mass. 216, 218-219 . Fish v. Canton, 322 Mass. 219, 222-223 . … Whittemore v. Building Inspector of Falmouth, 313 Mass. 248 . Smith v. Board of Appeals of Salem, 313 Mass. 622 . Marblehead v. Rosenthal, 316 Mass. 124, 126 . A zoning by-law is presumed to be valid. Pittsfield v.

Commonwealth v. McCarthy

225 Mass. 192 · Massachusetts Supreme Judicial Court · Nov 28, 1916

Burke v. Holyoke Board of Health, 219 Mass. 219 . But under the statute he had no right to employ other journeymen plumbers to assist in the doing of such work. That would make him a master plumber. … His remedy is to bring a petition for a writ of mandamus to compel the proper board to give him a reasonable examination as to his qualifications to be a master plumber. Welch v. Swasey, 193 Mass. 364, 377 . Crocker v.

Haynes v. Nice

100 Mass. 327 · Massachusetts Supreme Judicial Court · Nov 15, 1868

Rand v. Mather, 11 Cush. 1 . Allen v. Leonard, 16 Gray, 202 . The instruction as to the appropriation of payments was equally correct. … Philpott v. Jones 4 Nev. & Man. 14; S. C. 2 Ad. & El. 41. Rohan v. Hanson, 11 Cush. 47 . Mills v. Fowkes, 5 Bing. N. C. 455; S. C. 7 Scott, 444. Ramsay v. Warner, 97 Mass. 13 .

William Rodman & Sons, Inc. v. State Tax Commission

373 Mass. 606 · Massachusetts Supreme Judicial Court · Nov 4, 1977

If, on the record, as matter of law, the board was warranted in not granting an abatement as to the missing cigarettes, we may sustain its decision without remanding the proceedings to it. Cf. Assessors of Boston v. … See Afienko v. Harvard Club of Boston, 365 Mass. 320, 331 (1974); Knowles v. Gilchrist Co., 362 Mass. 642, 651 (1972); 9 J.

O'Connell v. Vainisi

82 Mass. App. Ct. 688 · Massachusetts Appeals Court · Oct 22, 2012

Ibid., citing Sheppard v. Tuning Bd. of Appeal of Boston, 74 Mass. App. Ct. 8, 11-12 (2009), S.C., 81 Mass. App. Ct. 394 (2012). See Dwyer v. Gallo, 73 Mass. App. … In the first instance, it is up to the board to give meaning to the zoning by-law it administers, with reviewing courts giving deference to the board’s interpretation so long as it is reasonable. See, e.g., Glidden v.

Falardeau v. Woupio

17 Mass. L. Rptr. 72 · Massachusetts Superior Court · Dec 4, 2003

Duteau v. Zoning Board of Appeals of Webster, 47 Mass.App.Ct. 664, 667-68 (1999). … Dowd v. Board of Appeals of Dover, 5 Mass.App.Ct. 148, 154-55 (1977).

Druker v. State Tax Commission

374 Mass. 198 · Massachusetts Supreme Judicial Court · Jan 5, 1978

See Kaufman v. Federal Nat’l Bank, 287 Mass. 97 (1934); Cunningham v. Bright, 228 Mass. 385 (1917). … We find no error in the board’s application of the law of trusts to the facts presented by the Colonnade and Westberk “trusts.” Moreover, we believe that the board has correctly distinguished the case of Dexter v.

Mayor of Holyoke v. Chief of Police of Holyoke

328 Mass. 253 · Massachusetts Supreme Judicial Court · Jan 8, 1952

See Quinlan v. Cambridge, 320 Mass. 124 . … Selectmen of Milton v. Justice of the Dis t rict Court of East Norfolk, 286 Mass. 1, 4-6 . Openshaw v. Fall River, 287 Mass. 426, 432 . Whalen v.

Industrial Finance Corp. v. State Tax Commission

367 Mass. 360 · Massachusetts Supreme Judicial Court · Apr 9, 1975

L. c. 58A, § 13, this court cannot “consider any issue of law which does not appear to have been raised in the proceedings before the board.” Assessors of Dover v. Dominican Fathers Province of St. … Barnes v. State Tax Commn. 363 Mass. 589, 594 [1973]) and cannot qualify for advantageous excise treatment under G. L. c. 63, § 38B. The decisions of the Appellate Tax Board are affirmed. So ordered.

Trustees of the Wesleyan Academy v. Inhabitants of Wilbraham

99 Mass. 599 · Massachusetts Supreme Judicial Court · Sep 15, 1868

In Pierce v. Cambridge, 2 Cush. 611 , a construction was put upon a similar provision of the statute then existing. … So far as these students are concerned, it is a boarding-school, and in respect to board, as well as school-rooms, apparatus and tuition, the ultimate purpose is, to furnish cheap education.

Tapper v. Boston Chamber of Commerce

235 Mass. 209 · Massachusetts Supreme Judicial Court · Feb 28, 1920

the board. … In the absence of a forbidding statute, a Massachusetts corporation may purchase its own stock, Leonard v.

Holmes v. Turner's Falls Co.

142 Mass. 590 · Massachusetts Supreme Judicial Court · Oct 23, 1886

Haven v. Adams, 4 Allen, 80 , 93. Brown v. Smith, 116 Mass. 108 . … Smith v. Shepard, 15 Pick. 147 . Welch v. Adams, 1 Met. 494 . Massachusetts Hospital Life Ins. Co. v. Wilson, 10 Met. 126 . Russell v. Allen, 2 Allen, 42 . Haven v. Adams, ubi supra. Ellis v.

Wightman v. Superintendent, Massachusetts Correctional Institution

19 Mass. App. Ct. 442 · Massachusetts Appeals Court · Mar 5, 1985

boards. … See Hayes v. Walker, 555 F.2d 625, 631-633 (7th Cir.), cert. denied, 434 U.S. 959 (1977); Chavis v. Rowe, 643 F.2d 1281, 1286-1287 (7th Cir.), cert. denied sub nom. Boles v. Chavis, 454 U.S. 907 (1981). Cf. McCollum v.

Massachusetts Insurers Insolvency Fund v. Medical Liability Insurance

32 Mass. L. Rptr. 103 · Massachusetts Superior Court · Feb 3, 2014

Browne. In response, MLMIC contends that, pursuant to Boston Gas Co. v. Century Indem. … Browne, as calculated under the formula set forth in Boston Gas v. Century Indemnity Co., 454 Mass. 337 (2009). It is further DECLARED that the Fund’s liability for damages in connection with the award to Mr.