Volume 1959 Article 4

Transcription

1 Annual Survey of Massachusetts Law Volume 1959 Article Table of Contents Boston College Annual Survey of Massachusetts Law Follow this and additional works at: Recommended Citation Boston College Annual Survey of Massachusetts Law (1959) "Table of Contents," Annual Survey of Massachusetts Law: Vol. 1959, Article 4.

2 Boston College Annual Survey of Massachusetts Law: Table of Contents Foreword Summary of Contents v vii Part I. PRIVATE LAW CHAPTER 1 PROPERTY AND CONVEYANCING Topic A. Real Property 3 l.l Landlord and tenant: Covenant to repair Easement by prescription: Necessity of claim of right 5 Topic B. Legislation Statutes barring latent rights Tidelands Foreclosure proceedings Protection of developers against zoning changes Turnarounds in residential developments 11 Topic C. Personal Property Gift of joint interest in savings account Gifts conditional on marriage 14 CHAPTER 2 TRUSTS AND ESTATES Execution of wills: Attestation of witnesses Revocation of wills: Revocation of decrees Wills: Ademption of specific bequest Waiver; Election Insolvent estates: License to sell realty Trusts: Accounting methods Trustee's duty to consult others Transmissibility of contingent remainders: Right of donee's personal representative to property passing by exercise of a general testamentary power Exercise of power of appointment: Renunciation 25 Published by Digital Boston College Law School,

3 x Annual Survey of Massachusetts Law, Vol [1959], Art Construction: Meaning of "wife" and "widow" Meaning of the word "funds" Gift to residuary legatees 29 CHAPTER 3 TORTS 30 Topic A. Court Decisions Slander per se: Issues on a demurrer Negligence: Liability of carriers for defective cars Railroad crossing collisions: Failure of railroad to sound bell or whistle 34 3,4 Host-guest passenger relationship: Point of commencement Res ipsa loquitur: Exploding bottles Tort liability of charities 42 Topic B. Legislation Proposed legislation in blasting cases Unregistered and improperly registered motor vehicles: Abolition of trespasser doctrine 43 CHAPTER 4 CONTRACTS Impossibility of performance: Subcontractor's preliminary work Architect's approval: Power to decide Unilateral contracts: Broker's commission 50 CHAPTER 5 CORPORATIONS Foreign corporations: Maintenance of sales office not "doing business" for purposes of qualification The "corporate opportunity" doctrine: Director's liability to corporation for commission paid him Stockholder status recognized despite nonobservance of corporate formalities 57 5,4 The pre-emptive right: Dilution of stockholder's interest forbidden on equitable principles Minority stockholders' suit: Direct relief to stockholders granted to avoid unjust enrichment

4 Boston College Annual Survey of Massachusetts Law: Table of Contents Xl CHAPTER 6 COMMERCIAL LAW 6.1 General 6.2 The Uniform Commercial Code 6.3 Consumer credit: Motor vehicles 6.4 -General 6.5 Banking: Dividends and investments 6.6 Sales: Remedies of the seller 6.7 Commercial paper: General 6.8 Secured transactions: Assignment by vendee CHAPTER 7 DOMESTIC RELATIONS AND PERSONS 7.1 Minors: Use of father's surname 7.2 Enforcement of support: Uniform act 7.3 Support of kindred 7.4 Adoption 7.5 Foreign decrees: Enforcement 7.6 Marriage: Validity 7I CHAPTER 8 SECURITY AND MORTGAGES Grant of mortgage as acceptance of earlier deed Recovery for tortious injury to security interest 76 Part II. PUBLIC LAW CHAPTER 9 CONSTITUTIONAL LAW Right to fair yet speedy trial Substantive due process: Rights of the individual Motor vehicle excise tax: Vehicles used in interstate commerce 9.4 Freedom of expression 9.5 Public funds: Incidental private purpose 9.6 Equal protection of the laws 9.7 Due process of law 9.8 Lord's Day Statute Published by Digital Boston College Law School,

5 xu Annual Survey of Massachusetts Law, Vol [1959], Art. 4 CHAPTER 10 CRIMINAL LAW, PROCEDURE AND ADMINISTRATION 92 1O.1 Crime in Massachusetts 92 Topic A. Legislation 94 1O.2 Income taxes Sexually dangerous persons 95 IOA Eavesdropping Support of needy disabled children 101 1O.6 Corrupt payments in labor relations 101 Topic B. Decisions Proceedings against delinquents 102 1O.8 Rape: Fraud 103 1O.9 Statute of limitations 104 CHAPTER 11 ADMINISTRATIVE LAW Topic A. Administrative Procedure Act Il.l Judicial review 11.2 Statutory methods of review: Effect of APA Topic B. Zoning 11.3 Zoning procedure Topic C. Licensing IIA License applicatio.n Topic D. Civil Service 11.5 Delegation of powers 11.6 Judicial review Topic E. Judicial Review 11.7 Proper remedy III III III CHAPTER l~ ZONING AND LAND USE 112 Topic A. Decisions ll Zoning: Variances Nonconforming uses Amendments affecting approved subdivisions A - Exceptions Exemption from lot size requirements Spot zoning Accessory uses

6 Boston College Annual Survey of Massachusetts Law: Table of Contents XUl 12.8 Regulation of buildings and facilities Improved harbors: Powers of harbor master 126 Topic B. Legislation l0 Zoning Enabling Act Subdivision Control Law l2 Inspection and regulation of buildings l3 Mass Transportation Commission Discrimination in housing 132 CHAPTER 13 LABOR RELATIONS 133 Topic A. Labor-Management Reporting and Disclosure Act of l General "Bill of Rights" Reporting Trusteeships Union elections "Restrictions" on labor organizations Taft-Hartley amendments Conclusions 142 Topic B. Federal Decisions Pre-emption l0 Judicial review Massachusetts Lord's Day Statute 146 Topic C. Massachusetts Decisions l2 Arbitration Internal union affairs Labor agreement l5 Miscellaneous 148 Topic D. Massachusetts Legislation Legislation in Labor relations: Model Arbitration Law l8 Three-judge panel in labor disputes Employment security Miscellaneous legislation 151 CHAPTER 14 PUBLIC UTILITIES 153 Topic A. Court Decisions 153 Published by Digital Boston College Law School,

7 Annual Survey of Massachusetts Law, Vol [1959], Art. 4 XIV 14.1 Expenditure of public funds to preserve public transportation 14.2 Motor carriers: Acquisition of stock Topic B. Administrative Decisions 14.3 Electric utilities: Rates 14.4 Water utilities: Rates 14.5 Telephone utilities: Rates 14.6 Passenger transportation agencies: Rates 14.7 Commercial motor vehicles: Rates 14.8 Gas and electric utilities: Service 14.9 Passenger transportation agencies: Service 14.l0 - Certificates CHAPTER 15 STATE TAXATION 162 Topic A. Administration State Tax Commission 162 Topic B. Personal Income Tax Withholding of income tax on wages Declaration of estimated income tax Nontaxable income Taxable income: Annuities Eminent domain Tax-free reorganizations Sales and exchanges: Worthless securities Deductions and credits: Depreciation Accounting methods: Instalment sales Fraud penalties: Tax practitioners Temporary taxes 167 Topic C. Taxation of Corporations Jurisdiction to tax: Interstate commerce Allocation of income: Gross receipts fraction Federal "small business corporations" Consolidated returns Abatements and refunds 171 CHAPTER 16 INSURANCE Topic A. Court Decisions i

8 Boston College Annual Survey of Massachusetts Law: Table of Contents 16.1 Motor vehicle insurance: Loading and unloading coverage Guest occupant exclusion Life insurance: Misrepresentation in application Bankers blanket bond: Forgery Policy insuring agreements: Defense, settlement, supplementary payments Policy conditions: Assistance and cooperation Other insurance 177 Topic B. Legislation Motor vehicle insurance Illegal registration Leased vehicles Life insurance Group insurance: Agents and agency employees Public employees Policy conditions: Proof of loss Subrogation Insurance companies 184 CHAPTER 17 STATE AND MUNICIPAL GOVERNMENT 185 Topic A. Municipal Government Public welfare: Enforcement of lien on real estate Tort: Liability for negligence arising out of operation of water system Nuisances: Injunctions Eminent domain: Damages and validity of taking School committee: Inadequate appropriation and employee compensation Municipal finance: Expenditure of public money for public purpose Compensation plans: Acceptance, revocation and amendment Contracts: Competitive bidding and specifications 197 Topic B. State Government Right of public employees to join vocational or labor organizations Hours of work without interval for meal Witness fees for state police officers 198 xv Published by Digital Boston College Law School,

9 xvi Annual Survey of Massachusetts Law, Vol [1959], Art. 4 TABLE OF CONT~NTS Embalmers and funeral directors: Reciprocal agreements 198 CHAPTER 18 WORKMEN'S COMPENSATION 199 Topic A. Court Decisions "Arising out of" - "Scope of the employment" Evidence: Burden of proof 202 Topic B. Legislation Liens on workmen's compensation A Preference in re-employment The exclusion of certain homeowners as employers Specific compensation: Benefits structure Employee in non-insured employment injured outside the Commonwealth Dependency benefits Extension of coverage to regional school districts Weekly benefits structure Costs and counsel fees 210 Part III. ADJECTIVE LA W CHAPTER 19 CIVIL PROCEDURE AND PRACTICE 19.1 Summary judgment: General Use CHAPTER ~o EVIDENCE Judicial notice: State administrative regulation Hearsay: Waiver of objection Prior statements of a witness A - Refusal to answer accusation Circumstantial evidence: Inference; Res ipsa loquitur Prima facie evidence Value: Sale price as evidence

10 Boston College Annual Survey of Massachusetts Law: Table of Contents CHAPTER 21 xvii ADMINISTRATION OF JUSTICE General 230 Topic A. The Supreme Judicial Court Business of the Court Superintendence of the lower courts 230 Topic B. The Superior Court Centennial Business of the court The Transfer Act Three-judge panels in labor matters 235 Topic C. The District Courts The full-time District Court system District Court business Uniform Reciprocal Enforcement of Support Act Six-member juries 236 Topic D. Judicial Pensions Earnings after retirement for disability 236 Cumulative Table of Statutes 241 Cumulative Table of Cases 255 Cumulative Table of Administrative Decisions 275 Cumulative Index 277 Published by Digital Boston College Law School,

11 Annual Survey of Massachusetts Law, Vol [1959], Art

12 Boston College Annual Survey of Massachusetts Law: Table of Contents 1959 Annual Survey of Massachusetts Law Published by Digital Boston College Law School,

13 Annual Survey of Massachusetts Law, Vol [1959], Art