65 N.E. 788 SARAH O’BRIEN vs. MICHAEL T. HUDNER. Supreme Judicial Court of Massachusetts. Bristol.October 28, 1902. January 6, 1903. Present: MORTON, LATHROP, BARKER, LORING, JJ. Negligence, Contributory. A child who is playing in the street has a right not to be run over through the negligence of a traveller, if the child is in […]
Category: Massachusetts Appellate Court Opinions
MACHERAS v. SYRMOPOULOS, 319 Mass. 485 (1946)
66 N.E.2d 351 CORNELIA MACHERAS vs. STAVROS SYRMOPOULOS. Supreme Judicial Court of Massachusetts. Middlesex.April 1, 1946. May 3, 1946. Present: FIELD, C.J., LUMMUS, QUA, RONAN, SPALDING, JJ. Res Judicata. Judgment. Practice, Civil, Agreement for judgment. A judgment for the plaintiff, entered by an agreement of the parties not signed by the defendant personally, for damage […]
SMITH v. SMITH, 186 Mass. 138 (1904)
71 N.E. 314 SHUBAEL D. SMITH, executor trustee, vs. WILLIAM C. SMITH others. Supreme Judicial Court of Massachusetts. Essex.November 4, 1903. June 22, 1904. Present: KNOWLTON, C.J., MORTON, BARKER, LORING, BRALEY, JJ. Devise and Legacy, Construction. A bequest to the brothers and sisters of the testator, after a life interest in one of them, means […]
RANDOLPH CREDIT v. BD. OF ASSESSORS, RANDOLPH, 33 Mass. App. Ct. 268 (1992)
598 N.E.2d 680 RANDOLPH CREDIT UNION vs. BOARD OF ASSESSORS OF RANDOLPH. No. 91-P-632.Appeals Court of Massachusetts. Suffolk.May 18, 1992. September 4, 1992. Present: WARNER, C.J., KASS, LAURENCE, JJ. Taxation, Real estate: abatement. Negotiable Instruments, Payment. Bank. Where a taxpayer’s check in payment of local real estate tax was drawn on funds that had been […]
O’LEARY v. THE EDUCATION RESOURCES INST., INC., 61 Mass. App. Ct. 653 (2004)
813 N.E.2d 867 ROBERT G. O’LEARY vs. THE EDUCATION RESOURCES INSTITUTE, INC. No. 03-P-1022.Appeals Court of Massachusetts. Hampden.June 4, 2004. August 18, 2004. Present: GRASSO, COWIN, KAFKER, JJ. Practice, Civil, Relief from judgment, Attorney’s fees, Costs, Frivolous action. Judgment, Relief from judgment. A single justice of the Appeals Court did not err in concluding that […]
COMMONWEALTH v. LOWE, 15 Mass. App. Ct. 262 (1983)
444 N.E.2d 1314 COMMONWEALTH vs. DARCY LOWE. Appeals Court of Massachusetts. Norfolk.September 20, 1982. February 7, 1983. Present: BROWN, DREBEN, KASS, JJ. Homicide. Practice, Criminal, Instructions to jury, Argument by prosecutor. Evidence, Other offense. At a murder trial in which certain hearsay evidence, properly admitted as part of the prosecutor’s case-in-chief, fairly and adequately raised […]
STORER v. ANDERSON, 4 Mass. App. Ct. 809 (1976)
347 N.E.2d 698 THEODORE L. STORER others vs. J. TIMOTHY ANDERSON. Appeals Court of Massachusetts. May 18, 1976. The judge’s findings that the defendant “state[d] that the policy was to be in his and his wife’s name, intending that it be so as trustees of the Trident Realty Trust,” and that the plaintiff “Dyer, mistakenly, […]
PROZINSKI v. NORTHEAST REAL ESTATE SERVICES, 59 Mass. App. Ct. 599 (2003)
STEPHEN PROZINSKI v. NORTHEAST REAL ESTATE SERVICES, LLC. No. 01-P-994.Appeals Court of Massachusetts. Middlesex.February 12, 2003. October 16, 2003. Present: CYPHER, MASON, McHUGH, JJ. Contract, Employment, Severance agreement, Performance and breach. Employment, Severance agreement, Sexual harassment. Labor, Wages. Damages, Breach of fiduciary duty. In a civil action alleging that the defendant’s refusal to pay the […]
WRIGHT v. BOARD OF APPEALS OF FALMOUTH, 24 Mass. App. Ct. 409 (1987)
509 N.E.2d 923 ROBERT F. WRIGHT another[1] vs. BOARD OF APPEALS OF FALMOUTH another[2] (and a companion case[3] ). Appeals Court of Massachusetts. Barnstable.March 19, 1987. June 30, 1987. [1] Edward L. Jacoubs. [2] The building commissioner of Falmouth. [3] Pamela Gilmore, trustee of Gilmore Falmouth Real Estate Trust, vs. Board of Appeals of Falmouth […]
LEVITT v. COMMISSIONER OF REVENUE, 43 Mass. App. Ct. 1118 (1997)
Theodore Levitt another vs. Commissioner of Revenue. No. 97-P-270.Appeals Court of Massachusetts. October 31, 1997. Decision of the Appellate Tax Board affirmed.
ADAMS v. BOSTON ELEVATED RAILWAY, 214 Mass. 1 (1913)
100 N.E. 1012 ANNA F. ADAMS, administratrix, vs. BOSTON ELEVATED RAILWAY COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.November 19, 1912. February 25, 1913. Present: RIGG, C.J., HAMMOND, LORING, BRALEY, SHELDON, JJ. Negligence, Gross, Causing death. Practice, Civil, Ordering verdict, Exceptions. In an action by an administrator against a street railway company under St. 1906, c. […]
STAULA v. CARROL, 312 Mass. 693 (1942)
45 N.E.2d 822 FRANK STAULA vs. SADIE CARROL. Supreme Judicial Court of Massachusetts. Suffolk.December 10, 1942. December 30, 1942. Present: FIELD, C.J., DONAHUE, LUMMUS, QUA, RONAN, JJ. Broker, Commission. A broker, employed by the owner of certain real estate to procure a purchaser thereof and promised as his commission any excess of the “amount . […]
AUGER v. NEW BEDFORD, 265 Mass. 327 (1928)
163 N.E. 873 ASA AUGER another vs. CITY OF NEW BEDFORD. Supreme Judicial Court of Massachusetts. Bristol.November 7, 1928. November 28, 1928. Present: CROSBY, PIERCE, CARROLL, WAIT, SANDERSON, JJ. Public Officer. Contract, Implied. Municipal Corporations, Officers and agents. Collector of Taxes. Collectors of taxes in the cities and towns of this Commonwealth are not agents […]
NG BROS. CONSTR., INC. v. CRANNEY, 436 Mass. 638 (2002)
NG BROTHERS CONSTRUCTION, INC. v. JOHN CRANNEY others.[1] SJC-08686Supreme Judicial Court of Massachusetts. Middlesex.February 6, 2002. April 30, 2002. [1] Naomi Cranney and Nevena Cranney. Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, Cordy, JJ. Contract, Construction contract. Mechanic’s Lien. Lien. Practice,Civil, Summary judgment. This court concluded that the filing or recording of a notice […]
ATTORNEY GENERAL v. OLSON, 346 Mass. 190 (1963)
191 N.E.2d 132 ATTORNEY GENERAL vs. EVERETT S. OLSON others, trustees. Supreme Judicial Court of Massachusetts. Plymouth.February 5, 1963. June 4, 1963. Present: WILKINS, C.J., SPALDING, WHITTEMORE, KIRK, REARDON, JJ. Trust, Removal of trustee, Charitable trust, Accounting by trustee, Delegation of powers by trustee, Investments, Discretionary powers of trustee, Purchase of property. Charity. Removal by […]
SLATE CO. v. BIKASH, 343 Mass. 172 (1961)
177 N.E.2d 780 THE SLATE COMPANY vs. JACOB J. BIKASH others.[1] Supreme Judicial Court of Massachusetts. Suffolk.October 2, 1961. November 14, 1961. [1] Mrs. Bikash, William P. Kaitz, and General Distributing Co. Inc., a corporation. Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, SPIEGEL, JJ. Sale, Contract of sale, Sale of business. Contract, Construction. Good Will. Unlawful […]
COMMONWEALTH v. WATKINS, 63 Mass. App. Ct. 69 (2005)
COMMONWEALTH v. SAMUEL WATKINS. No. 03-P-1398.Appeals Court of Massachusetts. Plymouth.October 28, 2004. March 3, 2005. Present: ARMSTRONG, C.J., DREBEN, KATZMANN, JJ. Assault with Intent to Murder. Firearms. Practice, Criminal, Questioning of witness by judge. At a jury-waived criminal trial, the judge’s questioning of a Commonwealth witness did not exceed the proper scope of questioning, in […]
COMMONWEALTH v. FERGUSON, 36 Mass. App. Ct. 1121 (1994)
635 N.E.2d 9 COMMONWEALTH vs. MICHAEL E. FERGUSON. No. 93-P-544.Appeals Court of Massachusetts. May 31, 1994. Judgments affirmed.
ADOPTION OF HOPE, 41 Mass. App. Ct. 1120 (1996)
ADOPTION OF HOPE. No. 96-P-926.Appeals Court of Massachusetts. December 5, 1996. Order denying motion for new trial affirmed.
COMMONWEALTH v. AVILES, 422 Mass. 1008 (1996)
664 N.E.2d 448 COMMONWEALTH vs. ANSELMO AVILES. Supreme Judicial Court of Massachusetts. May 9, 1996. Superintendence of inferior courts, Appeal from order of single justice. Practice, Criminal, Execution of sentence. Bail. The defendant appeals from a judgment entered by a single justice of this court pursuant to G.L.c. 211, § 3 (1994 ed.). That judgment […]