449 N.E.2d 1227 RAMON ORTIZ vs. COUNTY OF HAMPDEN. Appeals Court of Massachusetts. Hampden.April 11, 1983. May 27, 1983. Present: BROWN, ROSE, DREBEN, JJ. Governmental Immunity. County, Liability for tort. Practice, Civil, Complaint. An allegation in a complaint that negligent record keeping by county employees resulted in the plaintiff’s improper arrest and imprisonment stated a […]
Category: Massachusetts Appellate Court Opinions
THE LETARTE Co., INC. v. BAILEY, 4 Mass. App. Ct. 871 (1976)
THE LETARTE Co., INC. vs. DAVID BAILEY. Appeals Court of Massachusetts. February 25, 1976. Order denying motion for new trial affirmed. Judgment affirmed with double costs from May 12, 1975, and interest from that date on the amount of the judgment (including the interest stated therein) at the rate of twelve per cent per annum.
COMMONWEALTH v. DEMOS, 419 Mass. 1102 (1994)
COMMONWEALTH vs. CYNTHIA DEMOS. Supreme Judicial Court of Massachusetts. November 29, 1994 Further appellate review denied: Reported below: 37 Mass. App. Ct. 1113 (1994).
COOK v. COLE, 273 Mass. 557 (1931)
174 N.E. 271 WILLIAM H. COOK vs. JAMES COLE. Supreme Judicial Court of Massachusetts. Worcester.September 22, 1930. January 5, 1931. Present: RUGG, C.J., CROSBY, PIERCE, SANDERSON, FIELD, JJ. Negligence, Invited person, Gross negligence, Motor vehicle, In use of way, Violation of statute. Motor Vehicle, Weight, Registration, Operation. Nuisance. At the trial of an action of […]
COMMONWEALTH v. CULBERTSON, 25 Mass. App. Ct. 1102 (1987)
514 N.E.2d 375 COMMONWEALTH vs. TROY CULBERTSON. No. 86-843.Appeals Court of Massachusetts. October 16, 1987. Order denying motions to withdraw guilty pleas and for a new trial affirmed.
COMMONWEALTH v. ADKINSON, 80 Mass. App. Ct. 570 (2011)
COMMONWEALTH v. NANCY ADKINSON. No. 10-P-432.Appeals Court of Massachusetts. Middlesex.May 5, 2011. October 5, 2011. Present: CYPHER, BROWN, HANLON, JJ. Due Process of Law, Competency to stand trial. Battered Woman Syndrome. Practice, Criminal, New trial, Defendant’s competency. A Superior Court judge erred in denying the criminal defendant’s motion for a new trial, where a substantial […]
L’HEUREUX’S CASE, 307 Mass. 177 (1940)
29 N.E.2d 735 ROSE L’HEUREUX’S CASE. Supreme Judicial Court of Massachusetts. Worcester.September 25, 1940. October 31, 1940. Present: FIELD, C.J., LUMMUS, QUA, COX, RONAN, JJ. Workmen’s Compensation Act, Appeal. Under G.L. (Ter. Ed.) c. 152, § 11, no appeal to this court lay from a decree of the Superior Court purporting to be based solely […]
GINNS v. C.T. SHERER CO., 219 Mass. 18 (1914)
106 N.E. 600 MINNIE I. GINNS vs. C.T. SHERER COMPANY. Supreme Judicial Court of Massachusetts. Worcester.September 28, 1914. October 22, 1914. Present: RUGG, C.J., BRALEY, SHELDON, De COURCY, CROSBY, JJ. Negligence, Toward invited person, In department store. Witness, Cross-examination. Practice, Civil, Conduct of trial. A corporation operating a department store, which has a millinery department, […]
NEW AMSTERDAM CASUALTY CO. v. ESTES, 353 Mass. 90 (1967)
228 N.E.2d 440 NEW AMSTERDAM CASUALTY COMPANY vs. BURNETT ESTES another. Supreme Judicial Court of Massachusetts. Suffolk.May 3, 1967. June 30, 1967. Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, JJ. Jurisdiction, Forum non conveniens. Equity Pleading and Practice, Motion, Judicial discretion. Rule 46 of the Superior Court (1954) does not require that a motion be supported […]
ROBBINS v. ROBBINS, 22 Mass. App. Ct. 982 (1986)
496 N.E.2d 456 JEAN REGER ROBBINS vs. RYLAND EDWARD ROBBINS. Appeals Court of Massachusetts. August 14, 1986. Divorce and Separation, Attorney’s fees. Interest. Attorney at Law, Compensation. Frederick S. Pillsbury (John I. Robinson David J. Martel with him) for the plaintiff. Edward J. Barry for the defendant. This is the third occasion which we have […]
COMMONWEALTH v. NADWORNY, 409 Mass. 1104 (1991)
COMMONWEALTH vs. WILLIAM J. NADWORNY. Supreme Judicial Court of Massachusetts. March 25, 1991 Further appellate review denied: Reported below: 30 Mass. App. Ct. 912 (1991).
ELBAR REALTY, INC. v. CITY BANK TRUST CO., 342 Mass. 262 (1961)
173 N.E.2d 256 ELBAR REALTY, INC. vs. CITY BANK TRUST COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.December 6, 7, 1960. March 15, 1961. Present: WILKINS, C.J., SPALDING, WILLIAMS, CUTTER, JJ. Conversion. Bills and Notes, Holder in due course, Certificate of indebtedness. Conflict of Laws. Good Faith. Evidence, Presumptions and burden of proof, Relevancy and materiality, […]
HARRIS v. BOSTON, REVERE BEACH LYNN RAILROAD, 270 Mass. 400 (1930)
170 N.E. 424 FRANCES HARRIS vs. BOSTON, REVERE BEACH AND LYNN RAILROAD COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.November 15, 1929. February 25, 1930. Present: RUGG, C.J., CROSBY, PIERCE, CARROLL, WAIT, JJ. Negligence, Railroad, Res ipsa loquitur. Evidence, Presumptions and burden of proof. In an action of tort by a woman against a railroad company, […]
DONNELLY v. ALDEN, 229 Mass. 109 (1918)
118 N.E. 298 ANNIE J. DONNELLY others vs. FREDERICK L. ALDEN. FREDERICK L. ALDEN others vs. FRANCIS J. DONNELLY others. ANNIE J. DONNELLY others vs. FREDERICK L. ALDEN others. Supreme Judicial Court of Massachusetts. Essex.November 7, 1917. January 4, 1918. Present: RUGG, C. J., BRALEY, CROSBY, PIERCE, CARROLL, JJ. Executor and Administrator, Notice. Equity Jurisdiction, […]
CUSHING v. CARR, 25 Mass. App. Ct. 1111 (1988)
518 N.E.2d 894 MARION V. CUSHING vs. MARION G. CARR. No. 87-472.Appeals Court of Massachusetts. January 20, 1988. Judgment affirmed.
SCHRADER v. WEST NEWTON SAVINGS BANK, 34 Mass. App. Ct. 1111 (1993)
609 N.E.2d 1250 DAVID J. SCHRADER others vs. WEST NEWTON SAVINGS BANK others. No. 92-P-31.Appeals Court of Massachusetts. March 18, 1993. Judgment affirmed. Page 1112
HANOVER INSURANCE COMPANY v. MOTA, 34 Mass. App. Ct. 928 (1993)
612 N.E.2d 272 HANOVER INSURANCE COMPANY vs. FERNANDA MOTA, administratrix.[1] No. 91-P-1314.Appeals Court of Massachusetts. May 6, 1993. [1] Of the estates of her son, Eugenio C. Mota, Jr., and her granddaughter, Patricia Mota. Insurance, Motor vehicle insurance, Construction of policy. Contract, Insurance. Further appellate review granted, 416 Mass. 1102 (1993). On July 14, 1989, […]
GAIL v. RYAN, 69 Mass. App. Ct. 1109 (2007)
868 N.E.2d 955 GAIL E. BRENNAN another v. MARYRUTH RYAN another. No. 06-P-1085.Appeals Court of Massachusetts. June 29, 2007. Decisions Pursuant to Rule 1:28. Judgment reversed and case remanded to Superior Court for further proceedings consistent with the memorandum and order of the Appeals Court.
MASS. PROBATION ASS’N v. COMMR. OF ADMINISTRATION, 370 Mass. 651 (1976)
352 N.E.2d 684 MASSACHUSETTS PROBATION ASSOCIATION vs. COMMISSIONER OF ADMINISTRATION others.[1] Supreme Judicial Court of Massachusetts. Suffolk.May 7, 1976. July 12, 1976. [1] The Committee on Probation, the Commissioner of Probation, the Labor Relations Commission, and the Alliance, AFSCME-SEIU, AFL-CIO. Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, WILKINS, JJ. Labor. Public Employment. Probation Officer. Commonwealth, Collective bargaining. […]
SIBLEY v. MAXWELL, 203 Mass. 94 (1909)
89 N.E. 232 CHARLES H. SIBLEY, administrator with the will annexed, vs. IDA MAXWELL, executrix, others. Supreme Judicial Court of Massachusetts. Worcester.January 29, 1909. June 26, 1909.[*] [*] The opinion in this case was withdrawn on an application for a rehearing. This was denied on September 7, 1909, when the opinion was returned to the […]