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 […]
Category: Massachusetts Appellate Court Opinions
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 […]
DYER v. BD. OF SELECTMEN, 70 Mass. App. Ct. 1101 (2007)
872 N.E.2d 841 CHARLES F. DYER v. BOARD OF SELECTMEN OF LUNENBERG another. No. 06-P-314.Appeals Court of Massachusetts. August 31, 2007. DECISIONS PURSUANT TO RULE 1:28. Judgment affirmed.
COMMONWEALTH v. DiPIETRO, 414 Mass. 1102 (1993)
COMMONWEALTH vs. ALAN P. DiPIETRO, JR. Supreme Judicial Court of Massachusetts. February 8, 1993 Further appellate review denied: Reported below: 33 Mass. App. Ct. 776 (1992).
OLD COLONY TR. CO. v. FORSYTH DENT. INFIRMARY, 271 Mass. 511 (1930)
171 N.E. 734 OLD COLONY TRUST COMPANY, trustee, vs. FORSYTH DENTAL INFIRMARY FOR CHILDREN another. Supreme Judicial Court of Massachusetts. Suffolk.May 15, 1930. May 28, 1930. Present: RUGG, C.J., CROSBY, PIERCE, CARROLL, SANDERSON, JJ. Trust, Construction of instrument creating trust, Capital and income. Devise and Legacy, Residue. Capital and Income. A testator by a residuary […]
CORRIGAN v. PAYNE, 312 Mass. 589 (1942)
45 N.E.2d 829 ERNEST J. CORRIGAN vs. ANN B. PAYNE another. Supreme Judicial Court of Massachusetts. Middlesex.November 5, 1942. December 29, 1942. Present: FIELD, C.J., DONAHUE, QUA, RONAN, JJ. Accord and Satisfaction. An accord whereby the maker of a second mortgage note in arrears was to vacate the premises and convey them to the mortgagee […]
CHENG v. CHENG, 40 Mass. App. Ct. 1107 (1996)
662 N.E.2d 248 WOO YU-FEN CHENG vs. NANCY CHIA-HSIN CHENG ANOTHER. No. 94-P-414.Appeals Court of Massachusetts. March 12, 1996. Judgment affirmed. Page 1108
BARRY’S CASE, 240 Mass. 409 (1922)
134 N.E. 259 PATRICK J. BARRY’S CASE. Supreme Judicial Court of Massachusetts. Suffolk.November 29, 1921. February 28, 1922. Present: RUGG, C.J., BRALEY, CROSBY, CARROLL, JENNEY, JJ. Workmen’s Compensation Act, Procedure: motion for continuance before Industrial Accident Board, filing of claim, appeal; Jurisdiction. Jurisdiction. Upon an appeal by the insurer in a proceeding under the workmen’s […]
GORGOGLIONE v. ELLIS ELLIS, 42 Mass. App. Ct. 1120 (1997)
678 N.E.2d 1349 Nicola Gorgoglione vs. Ellis Ellis others. No. 95-P-1937.Appeals Court of Massachusetts. May 7, 1997. Judgment affirmed.
HYDE v. BOSTON, 186 Mass. 115 (1904)
71 N.E. 118 IRENE A. HYDE vs. CITY OF BOSTON. SAME vs. BOSTON ELEVATED RAILWAY COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.November 13, 1903. May 31, 1904. Present: KNOWLTON, C.J., MORTON, LATHROP, BARKER, BRALEY, JJ. Way, Defect in highway. Negligence, Contributory. Street Railway. Boston Elevated Railway Company. If the sidewalk and street in front of […]
ADOPTION OF WANDA, 62 Mass. App. Ct. 1116 (2004)
820 N.E.2d 274 ADOPTION OF WANDA. No. 04-P-43.Appeals Court of Massachusetts. December 23, 2004. DECISION PURSUANT TO RULE 1:28 Decree affirmed.
COMMONWEALTH v. IERARDI, 459 Mass. 1102 (2011)
942 N.E.2d 182 COMMONWEALTH v. ABIGAIL IERARDI. Supreme Judicial Court of Massachusetts. February 9, 2011. Reported below: 78 Mass. App. Ct. 1112 (2011). Orders.Further appellate review denied
CANZANO v. MASSACHUSETTS BAY TRANSPORTATION, 49 Mass. App. Ct. 1115 (2000)
735 N.E.2d 1271 Mary E. Canzano vs. Massachusetts Bay Transportation Authority. No. 99-P-180.Appeals Court of Massachusetts. June 29, 2000. Judgment affirmed.
SANDLER v. BOSTON AUTOMATIC FIRE ALARM CO., 303 Mass. 586 (1939)
22 N.E.2d 183 SAMUEL SANDLER vs. BOSTON AUTOMATIC FIRE ALARM COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.May 1, 1939. July 20, 1939. Present: FIELD, C.J., QUA, DOLAN, COX, RONAN, JJ. Contract, Construction, Performance and breach, For alarm service. Evidence, Relevancy. Regulations of the national board of fire underwriters properly were considered in construing a contract […]
NICKERSON v. COMMONWEALTH, 397 Mass. 476 (1986)
492 N.E.2d 90 ROBERT NICKERSON another vs. COMMONWEALTH another.[1] Supreme Judicial Court of Massachusetts. Barnstable.April 9, 1986. May 6, 1986. [1] Registrar of Motor Vehicles. Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, O’CONNOR, JJ. Massachusetts Tort Claims Act. Registrar of Motor Vehicles. Commonwealth, Liability for tort, Officers and employees, Duty to prevent harm. Actionable Tort. Negligence, […]
HANOVER INS. CO. v. MURPHY, 415 Mass. 1102 (1993)
HANOVER INS. CO. vs. MICHAEL MURPHY another. Supreme Judicial Court of Massachusetts. April 27, 1993 Further appellate review denied: Reported below: 34 Mass. App. Ct. 1108 (1993).
KLIMAS v. MITRANO, 17 Mass. App. Ct. 1004 (1984)
459 N.E.2d 1254 JAMES W. KLIMAS vs. EDNA A. MITRANO another. Appeals Court of Massachusetts. February 17, 1984. Practice, Civil, Relief from judgment. Richard F. Benway (Sharon M. Harrington with him) for the plaintiff. The plaintiff claims that the trial judge abused his discretion in denying the plaintiff’s motion for relief from judgment under Mass.R.Civ.P. […]