686 N.E.2d 218 COMMONWEALTH vs. ANGEL ROMAN. No. 94-P-658.Appeals Court of Massachusetts. Hampden.Argued December 18, 1996. Decided November 4, 1997. Present: Armstrong, Brown, Dreben, JJ. Further appellate review granted, 426 Mass. 1109 (1998). Assault and Battery by Means of a Dangerous Weapon. Practice, Criminal, Required finding. In a criminal case, the judge erred in allowing […]
Category: Massachusetts Appellate Court Opinions
COMMONWEALTH v. HERNANDEZ, 56 Mass. App. Ct. 1110 (2002)
COMMONWEALTH vs. JUNIOR HERNANDEZ. 01-P-1228.Appeals Court of Massachusetts. November 21, 2002 Judgment affirmed.
COMMONWEALTH v. EWE, 43 Mass. App. Ct. 901 (1997)
680 N.E.2d 1184 COMMONWEALTH vs. SAMUEL EWE.[1] No. 96-P-1029.Appeals Court of Massachusetts. June 27, 1997. [1] A pseudonym. Proceedings in this case were impounded by order of a single justice because the defendant’s actions in the case resemble those of a confidential informer. Practice, Criminal, Agreement between prosecutor and defendant, Plea. In return for a […]
COMMONWEALTH v. PAYANO, 62 Mass. App. Ct. 1116 (2004)
820 N.E.2d 274 COMMONWEALTH vs. MARISOL PAYANO. No. 03-P-1630.Appeals Court of Massachusetts. December 24, 2004. DECISION PURSUANT TO RULE 1:28 Order denying motion for new trial affirmed.
COMMONWEALTH v. AZAR, 62 Mass. App. Ct. 1109 (2004)
816 N.E.2d 1256 COMMONWEALTH vs. DAVID M. AZAR. No. 03-P-789.Appeals Court of Massachusetts. November 2, 2004. DECISION PURSUANT TO RULE 1:28 Order denying defendant’s motion for new trial is vacated and a new order shall enter allowing the motion.
ATWOOD v. WALTER, 47 Mass. App. Ct. 508 (1999)
JACOB M. ATWOOD vs. SAMUEL WALTER another.[1] No. 97-P-1841.Appeals Court of Massachusetts. Barnstable.March 18, 1999. August 3, 1999. [1] Katherine Walter. Present: WARNER, C.J., SMITH, GILLERMAN, JJ. Real Property, Restrictions. Statute, Construction. Injunction. A restrictive covenant regarding exterior structural alterations to buildings in a subdivision was valid and enforceable against the owner of a building, […]
ATLAS v. SILSBURY-GAMBLE MOTORS CO., 278 Mass. 279 (1932)
180 N.E. 127 HAROLD ATLAS vs. SILSBURY-GAMBLE MOTORS COMPANY. Supreme Judicial Court of Massachusetts. Essex.October 6, 1932. February 29, 1932. Present: RUGG, C.J., CROSBY, SANDERSON, FIELD, JJ. Evidence, Of identity, Presumptions and burden of proof. At the trial of an action of tort against a corporation for personal injuries sustained at night when the plaintiff […]
SACCHETTI v. SPRINGER, 303 Mass. 480 (1939)
22 N.E.2d 42 ELEANOR SACCHETTI vs. ERNEST SPRINGER. Supreme Judicial Court of Massachusetts. Suffolk.October 7, 1937. July 7, 1939. Present: FIELD, C.J., DONAHUE, LUMMUS, QUA, JJ. Actionable Tort. Damages, For tort. Negligence, Physician. Judgment. A plaintiff, who has recovered full damages in an action for personal injuries against a city at the trial of which […]
AMERICAN HIDE c. CO. v. COMMONWEALTH, 252 Mass. 345 (1925)
147 N.E. 839 AMERICAN HIDE AND LEATHER COMPANY vs. COMMONWEALTH. SAME vs. SAME. Supreme Judicial Court of Massachusetts. Suffolk.January 14, 1925. May 21, 1925. Present: RUGG, C.J., BRALEY, CROSBY, PIERCE, JJ. Tax, Excise on foreign corporation, Abatement. A contention that, when assessing an excise tax upon a foreign corporation under G.L.c. 63, §§ 30, 39, […]
WAREHAM EDUCATION ASSOCIATION v. LABOR RELATIONS COMM’N, 430 Mass. 81 (1999)
713 N.E.2d 363 WAREHAM EDUCATION ASSOCIATION others[1] vs. LABOR RELATIONS COMMISSION; DAVID DUPUIS others,[2] interveners. SJC-07969Supreme Judicial Court of Massachusetts. Suffolk.May 3, 1999. July 15, 1999. [1] Bridgewater Education Association and Fairhaven Education Association. [2] Eleanor Dupuis, Betsy Ann Wood, Charles Cipollini, and Peter Anthony. A motion to intervene was filed and allowed in the […]
CONNORS v. BOSTON ELEVATED RAILWAY, 218 Mass. 45 (1914)
105 N.E. 620 AGNES CONNORS vs. BOSTON ELEVATED RAILWAY COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.March 25, 26, 1914. May 22, 1914. Present: RUGG, C.J., HAMMOND, LORING, SHELDON, CROSBY, JJ. Negligence, Employer’s liability, Elevated railway. At the trial of an action under St. 1909, c. 514, § 127, cl. 3; § 129, against an elevated […]
COMMONWEALTH v. KIJAK, 38 Mass. App. Ct. 1104 (1995)
645 N.E.2d 1192 COMMONWEALTH vs. JOHN J. KIJAK, JR. No. 93-P-1196.Appeals Court of Massachusetts. January 24, 1995. Judgment affirmed.
GASKINS v. PROBATE COURT, 7 Mass. App. Ct. 940 (1979)
JAMES W. GASKINS vs. PROBATE COURT FOR THE COUNTY OF HAMPDEN others. Appeals Court of Massachusetts. June 28, 1979. Judgment affirmed.
ELLIS v. TRAVELERS INDEMNITY CO., 458 Mass. 1106 (2010)
935 N.E.2d 326 JAMES ELLIS, SR. v. TRAVELERS INDEMNITY COMPANY. Supreme Judicial Court of Massachusetts. September 29, 2010. Reported below: 77 Mass. App. Ct. 1104 (2010). Orders. Further appellate review granted
CRAIG v. BROWNELL SYSTEMS, INC., 77 Mass. App. Ct. 1112 (2010)
930 N.E.2d 175 ALASTAIR CRAIG v. BROWNELL SYSTEMS, INC., another. No. 09-P-1095.Appeals Court of Massachusetts. July 28, 2010. Decisions Pursuant to Rule 1:28. Judgment affirmed.
COMMONWEALTH v. BOBILIN, 402 Mass. 1102 (1988)
COMMONWEALTH vs. ERNEST J. BOBILIN, JR. Supreme Judicial Court of Massachusetts. April 28, 1988 Further appellate review denied: Reported below: 25 Mass. App. Ct. 410 (1988).
COMMONWEALTH v. BROWN, 434 Mass. 1103 (2001)
752 N.E.2d 239 COMMONWEALTH v. KENNETH BROWN. Supreme Judicial Court of Massachusetts. May 2, 2001. Further appellate review denied: Reported below: 51 Mass. App. Ct. 1101 (2001).
COMMONWEALTH v. GOINS, 49 Mass. App. Ct. 1113 (2000)
735 N.E.2d 1269 COMMONWEALTH v. KENNETH L. GOINS. 98-P-587Appeals Court of Massachusetts. June 22, 2000 The judgment is reversed, adn the matter is remanded to the District Court where a finding of not guilty is to enter on so much of the complaint as charges an intent to distribute a class D substance. A finding […]
COMMONWEALTH v. PRICE, 1 Mass. App. Ct. 723 (1974)
306 N.E.2d 831 COMMONWEALTH vs. ALEX PRICE. Appeals Court of Massachusetts. Suffolk.October 15, 1973. February 5, 1974. Present: ROSE, KEVILLE, ARMSTRONG, JJ. Identification. At the trial of an indictment for armed robbery against one of several assailants, the evidence, including evidence as to the victim’s opportunity for observing the assailants at the time of the […]
COMMONWEALTH v. REESE, 77 Mass. App. Ct. 1121 (2010)
933 N.E.2d 181 COMMONWEALTH v. CARON REESE. No. 08-P-2058.Appeals Court of Massachusetts. September 9, 2010. Decisions Pursuant to Rule 1:28. The judgments for unlawful possession of a firearm, G.L. c. 269, § 10(a), and carrying a loaded firearm, G.L. c. 269, § 10(n), are reversed and the verdicts are set aside. The remaining judgment for […]