The judge of the superior court, before whom the case was heard, found that just before the agreement for the issuance of the certificate to the plaintiff had been completed, and while the parties were in the cemetery and the plaintiff was making a choice of lots, the defendant stated to the plaintiff in substance, "that the plaintiff must assume the duty of grading and caring for the lot that he purchased, and if he failed to perform that duty the defendant would have recourse to drastic measures which might go so far as to cause the removal of the remains that had been interred in it; that the price of the lot was made very low because of this burden that was imposed upon the purchaser." The court further finds "that plaintiff did not object to these conditions and impliedly assented to them ; that the said certificate did not and was not intended to contain all the terms of the contract but was a mere memorandum and that the oral conditions as to care and grading formed a part of the consideration of the contract and were binding upon the plaintiff." The court also found "that the plaintiff neither graded nor cared for the lot in question at any time, but permitted it to remain in a rough, unimproved condition and allowed grass, weeds and brush to grow wild upon it, so that its appearance became unsightly, unkept and neglected and not in conformity with the other adjoining parts of the cemetery." The certificate was issued to the plaintiff in November, 1902, soon after which the body of the plaintiff's mother was buried in the lot. The court finds that about two years later the defendant sent by mail a letter directed to the plaintiff, in which he (the defendant) requested the plaintiff "to clear the lot and care for it or defendant might be compelled to remove the remains of plaintiff's mother .. and that about two years thereafter (the defendant) sent him (the plaintiff) another letter by mail of like tenor, but defendant did not receive a reply to either." The court finds that the plaintiff did not receive either of these letters. In 1912 the defendant caused the remains of the plaintiff's mother to be removed from the lot and to be buried in another part of the cemetery, but without the knowledge or consent of the plaintiff. It is for the removal of the remains of his mother from the lot that the plaintiff seeks redress in this suit. The case at bar is clearly distinguishable from Meagher v. Driscoll, 99 Mass. 281. In that case the written instrument under which the plaintiff claimed a right of burial conferred a right to the exclusive occupation of a particular lot with habendum to the plaintiff and his heirs and assigns. The evidence of the conversation between the parties when the certificate was issued, wherein the plaintiff agreed to grade and care for the lot, was properly admitted. The entire evidence having been reported, we do not perceive any error in the admission or exclusion of evidence, nor are we able to say that the findings of the presiding judge or his order dismissing the bill were clearly wrong. Therefore the entry must be DECREE AFFIRMED. INDEX CORPORATIONS ORGANIZED.. EMPLOYMENT OF MINORS: Bill Providing for Raising Age..... GAS AND ELECTRIC LIGHT ORDERS: Salisbury Water Supply Company (stock issue)... GOVERNOR'S APPOINTMENTS.. INDUSTRIAL ACCIDENT FINDINGS: Doherty vs. Casualty Company of America; P. McGovern & Company, emp. (dependent sister's claim)..... 61 Hart vs. Travelers Insurance Company; Commonwealth Ice & Cold Storage Company, emp. (typhoid fever)... 64 Johnson vs. Zurich General Accident & Liability Insurance Company; Samuel Altman, emp. (hernia). . 65 Lancke vs. Royal Indemnity Company; Waitt & Bond, emp. (neurosis) 62 Lawless vs. Employers Liability Assurance Corporation, Ltd.; Metz Reney vs. Employers Liability Assurance Corporation, Ltd.; Rich- 62 64 .... Russo vs. New England Casualty Company; Stone & Webster Engineering Corporation, emp. (shock)... 61 Stroffolino's Case (review). 66 Ward vs. Employers Liability Assurance Corporation, Ltd.; Massachusetts Brewing Company, emp. (disputed incapacity). Bridgewater, Danvers, Fall River, Georgetown, Lawrence, Lowell, 69 Holyoke Street Railway Company Lynn, Methuen, Tewksbury, West Newbury, Weymouth, Win- Amherst Line Certified..... Springfield Street Railway Company Springfield (Summer avenue) Line Certified.... 59 58 SUPREME COURT DECISIONS: PAGE Bailey vs. Smith (will)... 95 Boston, Petitioner (for assessment of bridge costs).. 67 Bridgeport Window Hardware Co. vs. Osborne (patents; stock).. 80 Burnham vs. Mahoney (right of way). 70 Commonwealth vs. Quinn (larceny). 72 Cross vs. Boston & Maine Railroad Company (personal injuries).. 115 Cunningham vs. Rockwood (mandamus). 91 Jewett vs. Boston Elevated Railway Company (fatal injuries).... 107 Johnston vs. Bay State Street Railway Company (fatal injuries)... 100 Kemp vs. Kemp (will).... 120 Mady vs. Holy Trinity Roman Catholic Polish Church (contract).. 118 Mills vs. Sullivan (conversion).... 103 Mills vs. Swanton (personal injuries).. 80 Nashua River Paper Company vs. Hammermill Paper Company (contract) 108 Newman's Case (workmen's compensation). 98 O'Donnell vs. Town of North Attleboro (fatal injuries). 105 Olszewski vs. Goldberg (personal injuries)... 94 Ralph vs. Clifford (right of way)...... 104 Ross vs. John Hancock Life Insurance Company (fatal injuries).. 112 Stratton Massachusetts Gold Mines Company VS. Davis (conspiracy) 87 Swan vs. Hathaway (certiorari). 76 Tewksbury vs. Tewksbury (deeds)... 68 Youngerman vs. New York, New Haven & Hartford Railroad Company (fatal injuries).. 114 OF THE COMMONWEALTH OF MASSACHUSETTS OPINIONS :: DECISIONS :: REPORTS OF THE EXECUTIVE, JUDICIAL AND COMMISSION BRANCHES OF STATE GOVERNMENT AND CONTROL INCLUDING RULINGS OF Public Service, Minimum Wage and Highway Commissions. Departments of Banking, Corporations, Tax, Insurance and Health. State Boards of Labor and Industries, Industrial Accident, Conciliation and Arbitration, Gas and Electric Light Commissioners, Bank Incorporation, Boiler Rules, Appeals. Opinions of Supreme Court Decisions in Full as Decrees Are Entered Issued Weekly by the Bureau of Department Reports, Operated by The Boston Herald, Herald Building, Boston, Mass. Bureau Membership, Fifteen Dollars per year, Payable in Advance, Single Bulletins, "Department Reports," Thirty Cents Each. Entered as second class matter May 8, 1915, at the Postoffice at Boston, Mass., Volume 2 under the act of March 3, 1879. FEBRUARY 26, 1916 Number 3 Corrected to date. (Numbers indicate office occupied at State House except as otherwise noted) GOVERNOR (360)-Samuel W. McCall of Winchester. GOVERNOR'S SECRETARY-Stanley R. Miller of Winchester. EXECUTIVE SECRETARY-Edward F. Hamlin of Newton. LIEUTENANT-GOVERNOR (360)-Calvin Coolidge of Northampton. COUNCIL (360)-Richard F. Andrews of Boston, Timothy J. Buckley of Boston, · Henry C. Mulligan of Natick, David L. Parker of New Bedford, Channing Smith of Leicester, Frederick H. Tarr of Rockport, Herbert P. Wasgatt of Everett, Charles H. Wright of Pittsfield. SECRETARY OF COMMONWEALTH (331)-Albert P. Langtry of Springfield; 1st deputy, Herbert H. Boynton of North Abington; 2d deputy, Peter F. J. Carney of Malden; chief of archives, James J. Tracy of Everett. TREASURER (230)-Charles L. Burrill of Boston; deputy treasurer, Henry S. Bridge of West Medford. AUDITOR (232)-Alonzo B. Cook of Boston. ATTORNEY-GENERAL (225)-Henry C. Attwill of Lynn. Assistants-Nelson P. Brown of Evelett, H. Ware Barnum of Canton, William H. Hitchcock of Dedham. Chief Clerk-Louis H. Freese of Newtonville. ADJUTANT-GENERAL (264)-Charles H. Cole of Boston. Deputy BANK COMMISSIONER (124)-Augustus L. Thorndike of Brewster. an chief of trust company division, Charles W. Levi of Newton Centre; chief of savings bank division, William O. Lovell of Malden; chief of co-operative bank division, Oreb M. Tucker of West Somerville; chief clerk, Herbert F. Taylor of Chelsea. TAX COMMISSIONER AND COMMISSIONER OF CORPORATIONS (235)— William D. Trefry of Marblehead. Deputy, John W. Locke of Westboro; 2d deputy, Robert G. Patten of Amesbury; assistants, Albert B. Fales of Somerville, George S. Hatch of Medford, Albert E. Taylor of Boston; 1st clerk, Edward D. Endicott of Canton. Board of Bank Incorporation includes Commissioners Thorndike and Trefry and Treasurer Burrill. Board of Appeal from Tax Commissioners' Decisions includes Treasurer Burrill and Auditor Cook, HIGHWAY COMMISSION (15 Ashburton Place)-William D. Sohier of Beverly, Board of Appeal from Fire Insurance Rates includes Commissioner Hardison, BOARD OF LABOR AND INDUSTRIES (1 Beacon Street)-Alfred W. Donovan of Rockland, John Tobin of Quincy, Mrs. Mary H. Dewey of Cambridge, Dr. A. H. Quessy of Fitchburg, James A. Donovan of Lawrence. Commissioner of Labor-Edwin Mulready of Rockland. INDUSTRIAL ACCIDENT BOARD (1 Beacon Street)-Frank J. Donahue of Boston, Dudley M. Holman of Taunton, David T. Dickinson of Cambridge, Thomas F. Boyle of Boston, Joseph A. Parks of Fall River; secretary, Robert E. Grandfield of Fall River. Joint Board for Prevention of Industrial Accidents and Diseases combines the two above boards. BOARD OF CONCILIATION AND ARBITRATION (128)-Willard Howland of Chelsea, Charles G. Wood of New Bedford, Frank M. Bump of Raynham. (Continued on Inside Back Cover.) |