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 […]
COMMONWEALTH v. SMOTHERS, 385 Mass. 1101 (1982)
COMMONWEALTH vs. LEO SMOTHERS. Supreme Judicial Court of Massachusetts. January 6, 1982 Further appellate review denied:
RYDER v. LEXINGTON, 303 Mass. 281 (1939)
21 N.E.2d 382 CHARLES W. RYDER vs. TOWN OF LEXINGTON. CHARLES W. RYDER another, trustees, vs. SAME. Supreme Judicial Court of Massachusetts. Middlesex.November 15, 1938. May 29, 1939. Present: FIELD, C.J., DONAHUE, LUMMUS, DOLAN, RONAN, JJ. Municipal Corporations, Liability for tort, Drainage. Drain. Watercourse. Actionable Tort. Damages, For tort. Evidence, Opinion: expert; Of value. Practice, […]
FARNUM v. WHITMAN, 187 Mass. 381 (1905)
73 N.E. 473 ALBERT H. FARNUM others vs. FRANK H. WHITMAN. Supreme Judicial Court of Massachusetts. Suffolk.March 4, 1904. February 28, 1905. Present: KNOWLTON, C.J., MORTON, HAMMOND, LORING, BRALEY, JJ. Wagering Contracts. Contract, Validity, Performance and breach. Evidence, Competency. Witness, Cross-examination. To prove that a contract is void at common law as a wagering contract […]
COMMONWEALTH v. JOHNSON, 34 Mass. App. Ct. 1105 (1993)
608 N.E.2d 1066 COMMONWEALTH vs. SILVERIO A. JOHNSON. No. 92-P-871.Appeals Court of Massachusetts. February 9, 1993. Judgments affirmed.
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 . […]
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 […]
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 […]
BOSTON GAS COMPANY v. BOARD OF ASSESSORS OF BOSTON., 458 Mass. 715 (2011)
941 N.E.2d 595 BOSTON GAS COMPANY[1] v. BOARD OF ASSESSORS OF BOSTON. No. SJC-10691.Supreme Judicial Court of Massachusetts. Suffolk.October 5, 2010. January 20, 2011. [1] Doing business as Keyspan Energy Delivery New England. Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, GANTS, JJ.[2] [2] Chief Justice Marshall participated in the deliberation on this case prior […]
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 […]