944 N.E.2d 1095 PAULETTE D. TURCO vs. SHAW INDUSTRIES INCORPORATED others. No. 10-P-521.Appeals Court of Massachusetts. April 12, 2011. DECISIONS PURSUANT TO RULE 1:28. Judgment affirmed.
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH v. MARTINEZ, 425 Mass. 382 (1997)
681 N.E.2d 818 COMMONWEALTH vs. ERASMUS ANTULIO MARTINEZ. Supreme Judicial Court of Massachusetts. Suffolk.March 3, 1997. July 11, 1997. Present: Wilkins, C.J., Abrams, Lynch, Fried, Marshall, JJ. Practice, Criminal, Assistance of counsel, Capital case. Constitutional Law, Assistance of counsel. Attorney at Law, Conflict of interest. Evidence, Judicial discretion, Authentication of document, Prior consistent statement, Credibility […]
THREE SPIRITS v. ALCOHOLIC BEV. CONT. COMM., 32 Mass. App. Ct. 1123 (1992)
595 N.E.2d 811 THREE SPIRITS, INC. vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION. No. 90-P-952.Appeals Court of Massachusetts. July 2, 1992. Because the case became moot on appeal, the judgment appealed from is vacated with a notation that the decision is not on the merits and the case is remanded to the Superior Court with directions to […]
COSBY v. POLICE COMMISSIONER, BOSTON, 438 Mass. 1102 (2002)
777 N.E.2d 1264 THOMAS COSBY vs. POLICE COMMISSIONER OF BOSTON OTHERS Supreme Judicial Court of Massachusetts. October 30, 2002 Reported below: 55 Mass. App. Ct. 1114 (2002).
OSBORNE v. COMMISSIONER OF REV., 73 Mass. App. Ct. 1118 (2009)
900 N.E.2d 535 PAUL D. OSBORNE v. COMMISSIONER OF REVENUE. No. 07-P-1999.Appeals Court of Massachusetts. January 29, 2009. Decisions Pursuant to Rule 1:28. Decision of the Appellate Tax Board affirmed.
ROBERT v. JOHN, 67 Mass. App. Ct. 1121 (2006)
ROBERT LYNCH v. JOHN FANNING another. No. 05-P-1851.Appeals Court of Massachusetts. December 22, 2006. Decisions Pursuant to Rule 1:28. Order denying motion for judgment notwithstanding the verdict or for a new trial affirmed.
COMMONWEALTH v. FARHOODY, 29 Mass. App. Ct. 1114 (1990)
564 N.E.2d 405 COMMONWEALTH vs. AMAD FARHOODY. No. 88-P-1338.Appeals Court of Massachusetts. December 14, 1990. Judgment affirmed.
COMMONWEALTH v. KELLEY, 21 Mass. App. Ct. 912 (1985)
484 N.E.2d 106 COMMONWEALTH vs. WILLIAM A. KELLEY. Appeals Court of Massachusetts. October 18, 1985. Evidence, Other offense, Relevancy and materiality. Practice, Criminal, Instructions to jury, Failure to make objection. The defendant was convicted of armed robbery (G.L.c. 265, § 17) and kidnapping (G.L.c. 265, § 26) after a jury trial in the Superior Court. […]
IN RE HILARY, 450 Mass. 491 (2008)
880 N.E.2d 343 IN THE MATTER OF HILARY (and a consolidated case[1] ). No. SJC-10036.Supreme Judicial Court of Massachusetts. Suffolk.October 2, 2007. February 5, 2008. [1] In the Matter of Annamaria. Both names are pseudonyms. Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, BOTSFORD, JJ. Child in Need of Services. Juvenile Court, Child in need […]
ADOPTION OF MAL, 448 Mass. 1105 (2007)
862 N.E.2d 379 ADOPTION OF MAL. Supreme Judicial Court of Massachusetts. March 1, 2007. Appeal from the Reported below: 68 Mass. App. Ct. 1102 (2007). Further appellate review denied:
McPHAIL v. BOSTON MAINE RAILROAD, 280 Mass. 113 (1932)
181 N.E. 739 ARCHIE McPHAIL vs. BOSTON AND MAINE RAILROAD. Supreme Judicial Court of Massachusetts. Middlesex.May 18, 1932. July 2, 1932. Present: RUGG, C.J., CROSBY, WAIT, FIELD, DONAHUE, JJ. Negligence, Employer’s liability. Practice, Civil, Exceptions: whether error harmful. At the trial of an action of tort by an employee against his employer, who was not […]
GOLDSTEIN v. SAVINGS BANK LIFE INS., 435 Mass. 760 (2002)
761 N.E.2d 938 RICHARD GOLDSTEIN others[1] v. SAVINGS BANK LIFE INSURANCE COMPANY OF MASSACHUSETTS. No. SJC-08577.Supreme Judicial Court of Massachusetts. Suffolk.December 4, 2001. February 4, 2002. [1] Peter Hale, Barbara J. Sullivan, and Loretta Harhen, individually and on behalf of owners of life insurance policies issued by the defendant, Savings Bank Life Insurance Company of […]
PORTLAND GAS LIGHT CO. v. RUDD, 242 Mass. 272 (1922)
136 N.E. 75 PORTLAND GAS LIGHT COMPANY vs. GABRIEL A. RUUD. ANDREW RILEY vs. SAME. WALTER FOURNIER vs. SAME. Supreme Judicial Court of Massachusetts. Suffolk.May 17, 1922. June 30, 1922. Present: RUGG, C.J., BRALEY, De COURCY, CROSBY, JENNEY, JJ. Evidence, Admission, Foreign law. Workmen’s Compensation Act, Practice, Civil, Conduct of trial: exhibits to jury room, […]
MYHR v. VLAHAKIS, 348 Mass. 795 (1965)
205 N.E.2d 219 DONALD S. MYHR another, trustees, vs. VASILO J. VLAHAKIS. Supreme Judicial Court of Massachusetts. March 3, 1965. Decree affirmed. The parties are owners of adjacent lands in Dracut. A master found that a “ditch” running through land of the plaintiffs and defendant “in existence prior to 1906,” which was “fed by at […]
CITY OF SPRINGFIELD v. LOCAL UNION NO. 648, 460 Mass. 1113 (2011)
CITY OF SPRINGFIELD v. LOCAL UNION NO. 648, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS another. Supreme Judicial Court of Massachusetts. September 9, 2011. Reported below: 79 Mass. App. Ct. 905 (2011). Orders. Further appellate review denied. MME. JUSTICE LENK did not participate.
UNITED OIL PAINTINGS, INC. v. COMMONWEALTH, 30 Mass. App. Ct. 958 (1991)
572 N.E.2d 13 UNITED OIL PAINTINGS, INC. vs. COMMONWEALTH. No. 90-P-35.Appeals Court of Massachusetts. May 24, 1991. Practice, Civil, Declaratory proceeding, Parties, Standing. Declaratory Relief. Alvin S. Nathanson for the plaintiff. Douglas H. Wilkins, Assistant Attorney General, for the Commonwealth. This is an appeal from the dismissal of a suit, for lack of standing, brought […]
COMMONWEALTH v. MURPHY, 415 Mass. 161 (1993)
612 N.E.2d 1137 COMMONWEALTH vs. JOHN H. MURPHY. Supreme Judicial Court of Massachusetts. Suffolk.January 5, 1993. May 10, 1993. Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, GREANEY, JJ. Bribery. Practice, Criminal, Amendment of indictment or complaint, Instructions to jury. At a criminal trial the judge properly on his own motion pursuant to Mass. R. Crim. P. […]
VATALARO v. THOMAS, 262 Mass. 383 (1928)
160 N.E. 269 RAPHAEL J. VATALARO vs. WILLIAM K.S. THOMAS. Supreme Judicial Court of Massachusetts. Suffolk.November 9, 1927. February 28, 1928. Present: RUGG, C.J., BRALEY, CROSBY, PIERCE, CARROLL, WAIT, SANDERSON, JJ. Proximate Cause. Workmen’s Compensation Act, Release of third party upon election by employee. Physician and Surgeon. Negligence, Of physician and surgeon, Election of remedies […]
SESSLER v. O’DONNELL, 346 Mass. 778 (1964)
195 N.E.2d 505 GLORIA SESSLER vs. THOMAS F. O’DONNELL. Supreme Judicial Court of Massachusetts. January 2, 1964. Exceptions overruled. This petition to vacate judgment in an action of tort for slander was denied, and the petitioner excepted. In the tort action the petitioner was the plaintiff. A demurrer to the declaration was sustained with leave […]
COMMONWEALTH v. NEW YORK CENTRAL RAILROAD, 350 Mass. 724 (1966)
216 N.E.2d 870 COMMONWEALTH vs. NEW YORK CENTRAL RAILROAD COMPANY. Supreme Judicial Court of Massachusetts. Middlesex.March 7, 1966. May 16, 1966. Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, REARDON, JJ. Railroad, Obstruction of way, Grade crossing. Constitutional Law, Interstate commerce. Way, Public: obstruction. Interstate Commerce. G.L.c. 160, § 151, dealing with obstruction of public […]