104 N.E. 956 DOMINICK CULLALUCCA vs. PLYMOUTH RUBBER COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.January 27, 28, 1914. April 4, 1914. Present: RUGG, C.J., LORING, SHELDON, De COURCY, CROSBY, JJ. Negligence, Employer’s liability, Res ipsa loquitur. Evidence, Presumptions and burden of proof. Practice, Civil, Amendment before this court. Supreme Judicial Court, Amendment. In an action […]
Category: Massachusetts Appellate Court Opinions
MORONG v. SPOFFORD, 218 Mass. 50 (1914)
105 N.E. 454 LYDIA E. MORONG vs. ELLEN A. SPOFFORD. DANIEL MORONG vs. SAME. Supreme Judicial Court of Massachusetts. Essex.March 26, 1914. May 22, 1914. Present: RUGG, C.J., HAMMOND, LORING, SHELDON, CROSBY, JJ. Negligence, Of one controlling real estate. Landlord and Tenant, Landlord’s duty to tenant’s customer. The owner of a building, who has let […]
COMMONWEALTH v. MARABLE, 425 Mass. 1108 (1997)
691 N.E.2d 580 COMMONWEALTH vs. TONY L. MARABLE. Supreme Judicial Court of Massachusetts. September 3, 1997 Further appellate review granted: Reported below: 43 Mass. App. Ct. 1101 (1997).
COMMONWEALTH v. BRADWAY, 443 Mass. 1101 (2004)
COMMONWEALTH vs. STEPHEN BRADWAY. Supreme Judicial Court of Massachusetts. December 23, 2004. Further appellate review denied. Reported below: 62 Mass. App. Ct. 280 (2004).
CRANMORE v. GREENE, 426 Mass. 1108 (1998)
WILLIAM F. CRANMORE, Individually and as trustee, vs. BARRY GREENE others. Supreme Judicial Court of Massachusetts. January 26, 1998. Further appellate review denied: Reported below: 44 Mass. App. Ct. 1102 (1997).
COSTA v. ZONING BOARD OF APPEALS, 6 Mass. App. Ct. 872 (1978)
374 N.E.2d 1239 ANDREW D. COSTA another vs. ZONING BOARD OF APPEALS OF FRAMINGHAM another. Appeals Court of Massachusetts. April 25, 1978. The plaintiffs brought this action under G.L.c. 40A, § 21, as amended through St. 1972, c. 334, to annul the decision of the defendant board. The issues were before the Superior Court on […]
HOLSINGER v. HOLSINGER, 357 Mass. 1 (1970)
255 N.E.2d 352 CHARMAINE HOLSINGER vs. JERRY LEE HOLSINGER. Supreme Judicial Court of Massachusetts. Norfolk.November 6, 1969. February 5, 1970. Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, SPIEGEL, JJ. Divorce, Separation agreement, Alimony. Contract, Separation agreement. Equity Jurisdiction, Plaintiff’s clean hands. Respecting a paragraph in a marital settlement agreement providing that the husband should pay $600 […]
COMMONWEALTH v. DECOLOGERO, 34 Mass. App. Ct. 1102 (1993)
606 N.E.2d 950 COMMONWEALTH vs. JOHN DECOLOGERO. No. 91-P-1405.Appeals Court of Massachusetts. January 19, 1993. Judgment affirmed.
PARKER v. TAYLOR, 180 Mass. 258 (1902)
62 N.E. 370 KATE PARKER vs. GEORGE B. TAYLOR others. Supreme Judicial Court of Massachusetts. Suffolk.November 21, 1901. January 2, 1902. Present: HOLMES, C.J., KNOWLTON, LATHROP, HAMMOND, LORING, JJ. Conversion. In this case, an action of tort against three defendants for conversion, one of the three contended that there was no evidence to connect her […]
W.D. FOWLER, INC. v. BRAIT BUILDERS, 80 Mass. App. Ct. 1107 (2011)
954 N.E.2d 75 W.D. FOWLER, INC. v. BRAIT BUILDERS CORPORATION another. No. 10-P-1758.Appeals Court of Massachusetts. September 28, 2011. Decision Pursuant to Rule 1:28. The judgment is reversed insofar as it awarded damages, interest, and costs to Brait Builders Corporation, Page 1108 and insofar as it dismissed W.D. Fowler, Inc.’s claims against XL Specialty Insurance […]
DANIEL v. DEPARTMENT OF CORRECTION, 75 Mass. App. Ct. 1111 (2009)
916 N.E.2d 423 DANIEL M. MASON v. DEPARTMENT OF CORRECTION others. No. 08-P-1930.Appeals Court of Massachusetts. November 4, 2009. Decisions Pursuant To Rule 1:28. Insofar as summary judgment was allowed for the defendants on the plaintiff’s claim that the department violated its storage regulations in not storing his property when he was transferred to the […]
SHARP v. GIESOW, 265 Mass. 506 (1929)
164 N.E. 621 ELIZABETH SHARP vs. HARRY G. GIESOW. Supreme Judicial Court of Massachusetts. Bristol.October 22, 1928. January 4, 1929. Present: CROSBY, PIERCE, CARROLL, WAIT, SANDERSON, JJ. Ice and Snow. Notice. A finding, that the notice required by G.L.c. 84, §§ 18-21, had been given by the plaintiff in an action against an individual for […]
YERARDI’S MOODY ST. RESTAURANT v. BD., SEL., 394 Mass. 1103 (1985)
YERARDI’S MOODY STREET RESTAURANT AND LOUNGE, INC. vs. BOARD OF SELECTMEN OF RANDOLPH another. Supreme Judicial Court of Massachusetts. April 1, 1985 Further appellate review denied: Reported below: 19 Mass. App. Ct. 296 (1985).
BOARD OF ASSESSORS OF EDGARTOWN v. COMM. OF REVENUE, 379 Mass. 841 (1980)
400 N.E.2d 1262 BOARD OF ASSESSORS OF EDGARTOWN another vs. COMMISSIONER OF REVENUE (and a companion case).[1] Suffolk. Supreme Judicial Court of Massachusetts.December 6, 1979. February 21, 1980. [1] Board of Assessors of West Tisbury another vs. Commissioner of Revenue. Present: HENNESSEY, C.J., QUIRICO, WILKINS, LIACOS, ABRAMS, JJ. Practice. Civil, Declaratory proceeding, Parties. Commonwealth, Claim […]
BOYD v. BOSTON ELEVATED RAILWAY, 264 Mass. 364 (1928)
162 N.E. 735 OPAL BOYD vs. BOSTON ELEVATED RAILWAY COMPANY. Supreme Judicial Court of Massachusetts. Suffolk.March 13, 1928. September 11, 1928. Present: RUGG, C.J., BRALEY, PIERCE, WAIT, SANDERSON, JJ. Negligence, Street railway: crowd in station. Practice, Civil, Interrogatories, Exceptions. Evidence, Relevancy and materiality, Cumulative. In an action of tort for personal injuries against a street […]
CUSTODY OF TRACY, 31 Mass. App. Ct. 481 (1991)
579 N.E.2d 1362 CUSTODY OF TRACY[1] another. No. 91-P-267.Appeals Court of Massachusetts. Franklin.June 14, 1991. October 21, 1991. [1] We use a pseudonym. Present: KASS, FINE, GREENBERG, JJ. Minor, Custody. Parent and Child, Care and protection of minor. Evidence, Child custody proceeding, Hearsay, Report of licensed social worker. Practice, Civil, Care and protection proceeding. In […]
COMMONWEALTH v. MATNEY, 50 Mass. App. Ct. 1115 (2001)
742 N.E.2d 96 COMMONWEALTH v. PATRICK V. MATNEY. No. 00-P-13.Appeals Court of Massachusetts. January 30, 2001. Orders denying motions to withdraw admission to sufficient facts affirmed.
COMMONWEALTH v. IRA I, 439 Mass. 805 (2003)
791 N.E.2d 894 COMMONWEALTH vs. IRA I., a juvenile (and eleven companion cases[1] ). SJC-08930Supreme Judicial Court of Massachusetts. Hampden.May 8, 2003. July 23, 2003. [1] Three against Justin R., three against Danny C., three against Andy C., and two against Ira I., all juveniles. The names are assigned pseudonyms. Present: Marshall, C.J., Greaney, Ireland, […]
HOPEDALE MANUF. CO. v. CLINTON COTTON MILLS, 224 Mass. 193 (1916)
112 N.E. 879 HOPEDALE MANUFACTURING COMPANY vs. CLINTON COTTON MILLS others. Supreme Judicial Court of Massachusetts. Suffolk.March 8, 9, 1916. May 19, 1916. Present: RUGG, C.J., LORING, BRALEY, CROSBY, PIERCE, JJ. Equity Jurisdiction, To reach and apply equitable assets. Words, “Any property . . . or interest.” A suit in equity cannot be maintained against […]
BARRY v. PANICH, 324 Mass. 162 (1949)
85 N.E.2d 251 ROBERT BARRY vs. WILLIAM PANICH. Supreme Judicial Court of Massachusetts. Middlesex.March 8, 1949. April 6, 1949. Present: QUA, C.J., LUMMUS, RONAN, WILKINS, WILLIAMS, JJ. Negligence, Motor vehicle, Contributory, Use of way. Practice, Civil, Requests, rulings and instructions, Charge to jury. Upon evidence that the operator of a motor truck, which had stopped […]