Case law

Massachusetts Bay Transportation Authority v. City of Somerville

451 Mass. 80 · Massachusetts Supreme Judicial Court · Apr 4, 2008

Caissie v. Cambridge, 317 Mass. 346, 347 (1944). … See White Dove, Inc. v.

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.

Miller v. Miller

366 Mass. 846 · Massachusetts Supreme Judicial Court · Jul 31, 1974

See Graves v. Graves, 108 Mass. 314, 317-318, 321 (1871); O’Brien v. O’Brien, 325 Mass. 573, 577-578 (1950); Brown v. Greenlow, 330 Mass. 88, 89-90 (1953); Richman v. Richman, 335 Mass. 395, 396-397 (1957); Surabian v. … Brown v. Greenlow, supra, at 90 . Decree affirmed. The case was submitted on briefs.

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.

Lincoln Hotel Co. v. Assessors of Boston

317 Mass. 505 · Massachusetts Supreme Judicial Court · Jan 4, 1945

Moore v. Sanford, 151 Mass. 285 . Gordon v. Richardson, 185 Mass. 492 . Opinion of the Justices, 251 Mass. 569 . Criscuolo v. Department of Public Utilities, 302 Mass. 438 . Cabalan v. … Choate v. Assessors of Boston, 304 Mass. 298 . Boston Five Cents Savings Bank v. Assessors of Boston, 311 Mass. 415 . Morison v. Assessors of Brookline, 313 Mass. 746 . Boston Five Cents Savings Bank v.

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.

Craig Harrison and Barbara Ruchie, on Behalf of Themselves and All Others Similarly Situated v. Massachusetts Bay Transportation Authority

Massachusetts Superior Court · Jul 22, 2020

Smith v. Massachusetts Bay Transp. Auth., 462 Mass. 370, 373 (2012) (Commonwealth and agencies), quoting Town of Boxford v. Massachusetts Highway Dep't, 458 Mass. 596, 601 (2010); accord Brown v. … Board of Trustees of Nebraska State Colleges, 924 N.W.2d 304, 313 (Neb. 2019) (statute permitting Board to sue and be sued "is not an express legislative waiver of sovereign immunity"); Ransom v. St.

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.

Wellesley Housing Authority v. S. & A. Allen Construction Co.

340 Mass. 466 · Massachusetts Supreme Judicial Court · Mar 7, 1960

[V]oucher for final payment ... is due and payable immediately on approval of State housing board.” … Inc. v. Board of Conciliation & Arbitration, 339 Mass. 301, 302-303 , and cases cited. Nothing in Dondis v.

Carr v. Town of Mashpee by its Board of Selectmen

District Court, D. Massachusetts · Dec 7, 2021

) Civil Action No. ) 21-10658-NMG Town of Mashpee by its Board of ) Selectman … Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988); see also Masso-Torrellas v.

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.

Sparhawk v. Sparhawk

116 Mass. 315 · Massachusetts Supreme Judicial Court · Nov 25, 1874

Denny v. … Bigelow v. Bigelow, 108 Mass. 38 . Graves v. Graves, Ib. 314. Edgerly v. Edgerly, 112 Mass. 53 . Garnett v. Gar nett, 114 Mass.

Fuller v. Colby

9 F. Cas. 980 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1846

Thus, it is well settled that a master of a vessel may punish a seaman for disrespect, disobedience or disorder on board, as far as a parent may a child. U. S. v. Freeman [Case No. 15,162]; Bangs v. … Shipp. 176, note; Brown v. Howard, 14 Johns. 123 ; U. S. v. Freeman [Case No. 15,162]; Turner’s Case [Id. 14,248]; Cushman v. Ryan [supra]; Lord Stowell in the case of The Lowther Castle, 1 Hagg. Adm. 384; U. S. v.

United States v. Dardy

128 F. Supp. 3d 400 · District Court, D. Massachusetts · Sep 8, 2015

(employing balancing test from Brown v. Texas, 443 U.S. 47, 50 , 99 S.Ct. 2637 , 61 L.Ed.2d 357 (1979)). … Graham v. Connor, 490 U.S. 386, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). It is not clear that either Brown or Dardy actively resisted or fully refused to comply with the exit order.

Locke v. Homer

131 Mass. 93 · Massachusetts Supreme Judicial Court · Apr 8, 1881

Goodwin v. Gilbert, 9 Mass. 510 . Fletcher v. M'Farlane, 12 Mass. 43,47 . Phelps v. Townsend, 8 Pick. 392 , 394. Guild v. Leonard, 18 Pick. 511 . Newell v. Hill, 2 Met. 180 . Pike v. Brown, 7 Cush. 133 . Braman v. … Goodwin v. Gilbert , and Pike v. Brown , above cited. Alyer v. Scoville, 1 Gray, 391 . Hubon v. Park, 116 Mass. 541 . *103 In Goodwin v.

Sargentelli's Case

331 Mass. 193 · Massachusetts Supreme Judicial Court · Mar 3, 1954

We think there was no error in the ruling of the board that Liberty had the burden of proving that the employee became an employee of Verson. Mersey Docks & Harbour Board v. Coggins & Griffith (Liverpool) Ltd. [1947] A. … Ltd. v. Northern Ireland Road Transport Board, [1942] A. C. 509; Nicholas v. F. J. Sparkes & Son, [1945] K. B. 309; Girvan v. MacDonald, [1951] 3 D. L. R. 92 (Nova Scotia Supreme Court).