Case law

Balcam v. Town of Hingham

41 Mass. App. Ct. 260 · Massachusetts Appeals Court · Sep 5, 1996

Corp., 413 Mass, at 448; Norfolk Elec., Inc. v. Fall River Hous. Authy., 417 Mass. 207, 210-211 (1994); Goldlust v. Board of Appeals of N. Andover, 27 Mass. App. Ct 1183, 1184 (1989). … See Board of Appeals of Rockport v. DeCarolis, 32 Mass. App. Ct. 348, 354 (1992). Cf. Carstensen v. Zoning Bd. of Appeals of Cambridge, 11 Mass. App. Ct. 348, 357-358 (1981).

Kerr v. Whitney

224 Mass. 120 · Massachusetts Supreme Judicial Court · May 17, 1916

Browne v. Browne, 215 Mass. 76 . Day v. Mills, 213 Mass. 585 and cases cited. It is not likely that the Legislature consciously intended to curtail this salutary power. R.

O'DONNELL v. United Shoe MacHinery Corporation

2 F. Supp. 178 · District Court, D. Massachusetts · Jan 19, 1933

If anticipation may not be established by memory testimony alone [Deering v. Winona Harvester Works, 155 U. S. 286 , 15 S. Ct. 118 , 39 L. Ed. 153 ; Brown v. Zaubitz (C. C.) 105 F. 245 ; A. B. Dick Co, v. … Ct. 778; Gibbs v. Hoefner (C. C.) 19 F. 323 ; Yon Schmidt v. Bowers (C. C. A.) 80 F. 121 ; Thayer & Chandler v. Wold (C. C.) 142 F. 776 ; Engineer Co. v. Hotel Astor (D. C.) 226 F. 779 ; Electro-Dynamic Co. v. U. S.

Judd Linseed & Sperm Oil Co. v. The Java

13 F. Cas. 1190 · U.S. Circuit Court for the District of Massachusetts · Sep 15, 1870

Swab. 374; The Peerless, Lush. 31; The Falkland, Browning & L. 204; The Roanoke (New York & V. S. S. Co. v. Calderwood) 19 How. [60 U. S.] 241. Secondly. … Co. v. New York & V. S. S. Co., 24 How. [65 U. S.] 313. “If,” says Dr. Lushington in The Plato v.

Commissioner of Corp. & Taxation v. Assessors of Springfield

330 Mass. 433 · Massachusetts Supreme Judicial Court · Sep 14, 1953

Commissioner of Corporations & Taxation v. Assessors of Springfield, 329 Mass. 419 . Assessors of Springfield v. New England Telephone & Telegraph Co., ante, 198. … In Assessors of Springfield v.

Snay v. Collis

276 Mass. 159 · Massachusetts Supreme Judicial Court · Jun 24, 1931

It was upon the strength of this report that the board denied the appeal. ... … Hoban v. Dempsey, 217 Mass. 166 . Shinsky v. O’Neil, 232 Mass. 99 . Clark v. Morgan, 271 Mass. 164, 169 . The case at bar is distinguishable from Berry v. Donovan, 188 Mass. 353 , Hanson v.

Malone-Campagna v. Director of the Division of Employment Security

391 Mass. 399 · Massachusetts Supreme Judicial Court · Mar 13, 1984

The Divi *400 sion of Employment Security’s board of review (board) denied the claimants’ application for review, making the review examiner’s decision the final decision of the board. G. L. c. 151A, § 41 (c). … The claimants challenge the decision of the board on three grounds.

Gage v. Town of Egremont

409 Mass. 345 · Massachusetts Supreme Judicial Court · Feb 19, 1991

Board of Appeals of Fall River, 319 Mass. 341 (1946), and the Appeals Court opinion in SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. Ct. 101 (1984). … Burnham v. Board of Appeals of Gloucester, 333 Mass. 114, 118 [1955].” MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). The reasoning of SCIT, Inc. v.

Macero v. MacDonald

73 Mass. App. Ct. 360 · Massachusetts Appeals Court · Dec 18, 2008

Carney v. Springfield, 403 Mass. 604, 605 (1988). The judge in this case was to determine if the board committed error of law that “resulted in manifest injustice to the plaintiff.” Murray v. Second Dist. Ct. of E. … See American Lithuanian Naturalization Club, Athol, Mass., Inc. v. Board of Health of Athol, 446 Mass. 310, 317 (2006).

City of Boston v. Santosuosso

307 Mass. 302 · Massachusetts Supreme Judicial Court · Nov 22, 1940

Brown, Inc., io said proceedings.” Other allegations need not be recited. … Brown, Inc.

Clemons v. Director of the Division of Employment Security

395 Mass. 174 · Massachusetts Supreme Judicial Court · Jun 11, 1985

Cape Cod Bank & Trust Co. v. LeTendre, 384 Mass. 481,484 (1981). Accord Simpson v. Director of the Div. of Employment Sec., 391 Mass. 403, 405 (1984). … Schulte v. Director of the Div. of Employment Sec., 369 Mass. 74, 79 (1975).

Commonwealth v. Lewin (No. 1)

407 Mass. 617 · Massachusetts Supreme Judicial Court · Jun 12, 1990

The record indicates that Brown’s task was to search for “hides” drawing on his extensive local knowledge. … Mincey v. Arizona, supra at 394 . Cf. Thompson v. Louisiana, supra at 19 .

Dalton v. Boston Elevated Railway Co.

217 Mass. 66 · Massachusetts Supreme Judicial Court · Feb 27, 1914

The plaintiff testified that, when he boarded the car at the Dudley Street terminal, it was full so that he could not get a seat, and therefore he took a position upon the front part of the running board, about opposite the … See Pomeroy v. Boston & Northern Street Railway, 193 Mass. 507 ; Eldredge v. Boston Elevated Railway, 203 Mass. 582 . The case is plainly distinguishable from Heshion v. Boston Elevated Railway, 208 Mass. 117 .

Seaman v. Harmon

192 Mass. 5 · Massachusetts Supreme Judicial Court · May 17, 1906

Reed v. Whitney, 7 Gray, 533 . Lobdell v. Hayes, 4 Allen, 187 . Brooks v. Everett, 13 Allen, 457 . Simonds v. Simonds, 112 Mass. 157, 164 . See also Flynn v. Flynn, 171 Mass. 312 . … Browne, (J. M. Browne with him,) for the plaintiff. L. M. Abbott & R. E. Buffum, for the defendants. The fact that there is a power of revocation in the trust instrument is consistent with the creation of a valid trust.

School Committee of Danvers v. Tyman

372 Mass. 106 · Massachusetts Supreme Judicial Court · Mar 8, 1977

Ass’n Local Community High School Dist. 218 v. Board of Educ. of School Dist. 218, Cook County, 62 Ill. 2d 127, 130-131 (1975). Wesclin Educ. Ass’n v. Board of Educ. of Wesclin Community Unit School Dist., 30 Ill. … In Board of Educ., Bellmore-Merrick Cent. High School Dist., Nassau County v.

Guckenberger v. Boston University

8 F. Supp. 2d 82 · District Court, D. Massachusetts · May 29, 1998

See Guckenberger v. … Cohen v. Brown Univ., 101 F.3d 155, 185 (1st Cir.1996) (citations omitted), cert. denied, - U.S. -, 117 S.Ct. 1469 , 137 L.Ed.2d 682 (1997). Plaintiffs attack the academic judgment of the Committee in three ways.

Opinion of the Justices to the House of Representatives

321 Mass. 759 · Massachusetts Supreme Judicial Court · Jun 13, 1947

See Norcross v. Board of Appeal of Boston, 255 Mass. 177, 186 . It is a standard similar to that fixed for local boards of appeal authorizing variances in cases of substantial hardship to an individual under G. L. (Ter. … John V. Spalding.

Old Colony Railroad v. Assessors of Quincy

305 Mass. 509 · Massachusetts Supreme Judicial Court · Mar 27, 1940

The Appellate Tax Board allowed the appellees' motion to dismiss. … The board refused certain requests for rulings submitted by the appellant. The findings of fact made in granting the requests of the appellees are final, and we can reverse only rulings of law made by the board.

Boston Five Cents Savings Bank v. Assessors of Boston

313 Mass. 762 · Massachusetts Supreme Judicial Court · May 24, 1943

Assessors of Boston v. Suffolk Law School, 295 Mass. 489, 492 . Boston Five Cents Savings Bank v. Assessors of Boston, 311 Mass. 415, 418 . … See, for example, Porter v. County Commissioners of Norfolk, 5 Gray, 365 , 368-369; Commonwealth Investment Co. v. Brookline, 268 Mass. 32, 34 .

Worcester Masonic Charity & Educational Ass'n v. Assessors of Worcester

326 Mass. 409 · Massachusetts Supreme Judicial Court · Nov 3, 1950

These are appeals by a taxpayer from a decision of the Appellate Tax Board upholding the board of assessors of Worcester in its refusal to abate taxes assessed for the years 1947 and 1948 upon real estate owned by the taxpayer … There was no error of law in the conclusion of the board. The burden of proving the right to an exemption was on the taxpayer. Boston Chamber of Commerce v. Assessors of Boston, 315 Mass. 712, 716 .