Case law

Teasdale v. Newell & Snowling Construction Co.

192 Mass. 440 · Massachusetts Supreme Judicial Court · Jun 21, 1906

Donovan v. McCarty, 155 Mass. 543 . Moreover, since the evidence at the hearing was substantially all oral, the findings of the trial judge will not be disturbed unless plainly wrong. Dickinson v. Todd, 172 Mass. 183 . … We have examined the evidence, and in view of the locality of the work, the number of horses employed, the attempts made by the respondent to secure stable room, the action of the board of health upon the petition made to

Macy's East, Inc. v. Commissioner of Revenue

441 Mass. 797 · Massachusetts Supreme Judicial Court · May 27, 2004

“We will not reverse a decision of the board ‘if it is based on substantial evidence and on a correct application of the law.’ ” Bill DeLuca Enters., Inc. v. … Bank v. Commissioner of Revenue, 418 Mass. 695, 698 (1994), citing State Tax Comm’n v.

DePasquale v. Ogden Suffolk Downs, Inc.

29 Mass. App. Ct. 658 · Massachusetts Appeals Court · Dec 31, 1990

L. c. 93A, § 3, as appearing in St. 1983, c. 242, provides: “Nothing in this chapter shall apply to transactions or actions otherwise permitted under laws as ad *663 ministered by any regulatory board or officer acting under … See Leardi v. Brown, 394 Mass. 151 , 157- *664 162 (1985). For the reasons stated in this opinion, the plaintiff may not recover the winnings of the Twin-Trifecta.

Murphy's Case

53 Mass. App. Ct. 708 · Massachusetts Appeals Court · Feb 4, 2002

Scheffler’s Case, 419 Mass. 251, 255 (1994), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975). … Cohen v. Board of Water Commrs., Fire Dist. No. 1, S.

Commonwealth v. Kingsbury

199 Mass. 542 · Massachusetts Supreme Judicial Court · Oct 19, 1908

It was decided in favor of the Commonwealth’s contention in Nelson v. State Board of Health, 186 Mass. 330 , and was discussed and similarly decided in Commonwealth v. Sisson, 189 Mass. 247 . In Commonwealth v. … Stodder, ubi supra, and in Commonwealth v. Mulhall, 162 Mass. 496 , the prohibition was by an ordinance. passed by a local board. These cases make further discussion unnecessary. Exceptions overruled.

Walsh v. Town of Lakeville

431 F. Supp. 2d 134 · District Court, D. Massachusetts · Apr 10, 2006

Foley v. City of Lowell, 948 F.2d 10, 14 (1st Cir,1991)(citing Bordanaro v. McLeod, 871 F.2d 1151, 1156 (1st Cir.1989)). … He asserts that he made the statement based on information that had been disclosed to the Board of Selectmen. In Schultz v.

Commonwealth v. Fuller

30 Mass. App. Ct. 927 · Massachusetts Appeals Court · Mar 26, 1991

The testimony of Trooper Moore at the suppression hearing was that he “observed a brown paper bag with plastic bags sticking out from from within the brown paper bag on the passenger side floor sticking out from under the … Commonwealth v. Fano, 400 Mass. 296, 306 (1987). Commonwealth v. Ramos, 402 Mass. 209, 211-212 (1988). Commonwealth v. Fudge, 20 Mass. App. Ct. 382, 388 (1985). See also Commonwealth v. De La Cruz, 15 Mass. App.

Chace v. Gardner

228 Mass. 533 · Massachusetts Supreme Judicial Court · Nov 27, 1917

Campbell v. Brown, 129 Mass. 23 . Tourtillotte v. Tourtillotte, 205 Mass. 547 . … Lasley v. Delano, 139 Mich. 602 . Bork v. Martin, 132 N. Y. 280 . Logan v. Brown, 20 Okla. 334 . And see Bailey v. Wood, 211 Mass. 37 . There are some decisions at variance with what is here decided.

Tilton v. City of Haverhill

311 Mass. 572 · Massachusetts Supreme Judicial Court · May 28, 1942

There is nothing in the report of the board that recommended the enactment of the statute to explain why the provision was inserted by the board in the draft act. … Cleaveland v. Norton, 6 Cush. 380 . Commonwealth v. Roxbury, 9 Gray, 451 , 492. Boston v. Richardson, 13 Allen, 146 , 156. Lynnfield v. Peabody, 219 Mass. 322, 330 . Stoneham v.

Despatchers' Cafe Inc. v. Somerville Housing Authority

332 Mass. 259 · Massachusetts Supreme Judicial Court · Feb 14, 1955

It is not for the court to take over the functions of the board. M. Doyle & Co. Inc. v. Commissioner of Public Works of Boston, 328 Mass. 269, 271-272 , and cases cited. … If there is any room for the exercise of discretion the judgment of the board must prevail. Lynch v. *262 Forbes, 161 Mass. 302, 308-309 . Broderick v. Department of Mental Diseases, 263 Mass. 124, 128 . Burke v.

City of Worcester v. Directors of the Worcester Free Public Library

349 Mass. 601 · Massachusetts Supreme Judicial Court · Oct 29, 1965

Cary Library v. Bliss, 151 Mass. 364, 374 . City Bank Farmers Trust Co. v. Carpenter, 319 Mass. 78, 80 . Trustees of Putnam Free Sch. v. Attorney Gen. 320 Mass. 94, 98 . Briggs v. Merchants Natl. … See Drury v. Natick, 10 Allen, 169 ,175.

TRUST. OF SMITH COLLEGE v. Bd. of Assessors of Whately

385 Mass. 767 · Massachusetts Supreme Judicial Court · Apr 9, 1982

Assessors of New Braintree v. Pioneer Valley Academy, Inc., 355 Mass. 610, 616 (1969). Assessors of Dover v. Dominican Fathers Province of St. Joseph, 334 Mass. 530, 540-541 (1956). Massachusetts Gen. Hosp. v. … See Assessors of Boston v. Garland School of Home Making, 296 Mass. 378, 384-388 (1937). The assessors did not dispute this finding before the board, nor do they question it here.

Sea Fever Corp. v. Hartford Fire Insurance

3 Mass. Supp. 676 · Massachusetts District Court · Sep 10, 1982

Brown paid the premium and gave the policy to his wife to file without reading it. In August of 1977, the SEA FEVER was inspected by V. J. Readdy,. a marine surveyor employed by Hartford. … Bicknell, Inc. v. Havlin, 9 Mass. App. 497, 402 N.E.2d 116 (1980); Hampton Roads Carriers v. Boston Insurance Co., supra.

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.

Beatty's Case

84 Mass. App. Ct. 565 · Massachusetts Appeals Court · Nov 26, 2013

Ibid., quoting from Goldberg v. Board of Health of Granby, 444 Mass. 627, 632-633 (2005). … See Goldberg v. Board of Health of Granby , 444 Mass, at 633, quoting from Berrios v. Department of Pub.

Browne v. Fairhall

218 Mass. 495 · Massachusetts Supreme Judicial Court · Sep 10, 1914

By the decision in Browne v. … v.

Starks v. Director of the Division of Employment Security

391 Mass. 640 · Massachusetts Supreme Judicial Court · Apr 11, 1984

This appeal challenges the decision of the board of review (board) of the Division of Employment Security (division), 2 denying unemployment benefits to the plaintiff. … Torres v. Director of the Div. of Employment Sec., supra at 779. In Sharon v.

In the Matter of Orfanello

411 Mass. 551 · Massachusetts Supreme Judicial Court · Jan 6, 1992

inferences from those facts even if the board did not draw them. … See Simon v. Weymouth Agric. & Indus.

Moss's Case

451 Mass. 704 · Massachusetts Supreme Judicial Court · Jun 30, 2008

See Hayes v. Commonwealth, 7 Mass. Workers’ Comp. Rep. 232, 235-236 (1993) (same). In Petit v. Westvaco Corp., 8 Mass. Workers’ Comp. … In addition to Anderson’s Case , the board in both Zavalia v. Salem, 6 Mass. Workers’ Comp. Rep. at 279, and Petit v. Westvaco Corp., 8 Mass. Workers’ Comp.

Allen v. Intralearn Software Corp.

2006 Mass. App. Div. 71 · Massachusetts District Court, Appellate Division · Apr 24, 2006

Beal v. Board of Selectmen of Hingham, 419 Mass. 535, 539 (1995). … Brown, 400 Mass. 826, 832 (1987), or by granting a motion for summary judgment merely to save the time and expense of a trial. See Hub Associates, Inc. v. Goode, 357 Mass. 449, 452 (1970).