Bound volume errata

Errata appearing in the bound volumes are set forth below.

Errata that appear in the bound volumes of the Massachusetts Reports and the Massachusetts Appeals Court Reports are listed below.  The errata appearing here do not supersede the errata published in the bound volumes.  Note:  later editions of the bound volumes may incorporate in their text the errata set forth here.

Table of Contents

Massachusetts Reports

VOLUME PAGE LOCATION & DESCRIPTION APPEARS IN VOLUME
15 54 12th line from top, for "direction" read "discretion" 16
15 56 5th line from top, for "any other part of the record" read "a part of any other record" 16
15 534 13th line from bottom, for "plaintiff" read "defendant" 16
15 164 Insert "Jackson, J." as present 16
16 152 13th line from bottom, delete "not" 17
16 418 16th line from top, for "tenant" read "demandant" 17
18  (1 Pick.) 281 8th line from bottom, insert semicolon after "offered" 176
55  (1 Cush.) 78 5th line from top, for "who" read "the plaintiff" 59  (5 Cush.)
55  (1 Cush.) 81 18th line from top, for "plaintiff" read "plaintiffs" 59  (5 Cush.)
55  (1 Cush.) 136 18th line from bottom, for "at" read "to" 59  (5 Cush.)
55  (1 Cush.) 433 8th line from bottom, for "power" read "powers" 59  (5 Cush.)
55  (1 Cush.) 470 2d line from top, for "mortgagees" read "mortgagors" 59  (5 Cush.)
55  (1 Cush.) 499 Last line, for "defendant" read "defendants" 59  (5 Cush.)
55  (1 Cush.) 548 17th line from bottom, for "Thorpe" read "Tharpe" 59  (5 Cush.)
55  (1 Cush.) 574 First line, for "467" read "647" 59  (5 Cush.)
56  (2 Cush.) Table of Cases Insert "Dumphe v. Hayward, 429" and "Stetson v. Gulliver, 494" 59  (5 Cush.)
56  (2 Cush.) 175 4th line from top, for "This" read "His" 59  (5 Cush.)
56  (2 Cush.) 179 2d line from top, for "had been" read "had not been" 59  (5 Cush.)
56  (2 Cush.) 192 20th line from top, for "1826" read "1846" 59  (5 Cush.)
57  (3 Cush.) 130 7th line from bottom, for "pecree" read "decree" 59  (5 Cush.)
57  (3 Cush.) 270 8th line from bottom, for "an" read "on" 59  (5 Cush.)
57  (3 Cush.) 288 18th line from bottom, for "which" read "while" 59  (5 Cush.)
57  (3 Cush.) 344 17th line from top, for "plaintiff" read "defendant" 59  (5 Cush.)
57  (3 Cush.) 405 7th line from top, for "feloniously" read "maliciously" 59  (5 Cush.)
57  (3 Cush.) 470 16th line from top, for "Rowe" read "Rose" 59  (5 Cush.)
57  (3 Cush.) 470 21st line from top, for "Rowe" read "Rose" 59  (5 Cush.)
57  (3 Cush.) 577 18th line from top, for "lessor's" read "lessee's" 59  (5 Cush.)
57  (3 Cush.) Index Under heading "Principal and Agent," insert abstract of "Mussey v. Beecher, 511" 59  (5 Cush.)
58  (4 Cush.) Table of Cases Insert "Shirley v. Shattuck, 470" 59  (5 Cush.)
58  (4 Cush.) 1 14th line from bottom, for "152" read "121" 59  (5 Cush.)
58  (4 Cush.) 92 18th line from bottom, for "donee's" read "donor's" 59  (5 Cush.)
58  (4 Cush.) 178 10th line from top, for "indorsements" read "indorsement" 59  (5 Cush.)
58  (4 Cush.) 451 2d line from bottom, for "Fowler" read "Foster" 59  (5 Cush.)
97 229 15th line from bottom, for "thus" read "they" 99
97 294 10th line from top, transpose "G.F. Hoar" and "F.P. Goulding" 99
97 356 2d line of opinion, transpose "plaintiff" and "defendant" 99
97 429 3d line from bottom, for "H.A. Scudder" read "G. Marston" 99
97 502 12th line from bottom, for "award" read "accord" 99
97 529 14th line from bottom, for "Pierce" read "Pearce" 99
97 544 6th line from bottom, for "Rex" read "Regina" 99
97 614 In cross references under title "Damages," insert "Liquidated Damages" 99
97 628 2d line from bottom, insert "2" at beginning of line 99
97 629 2d line from top, for "Ib." read "Chandler v. Simmons, 508" 99
97 635 17th line from bottom, insert "s" at end of line 99
97 654 Refer in proper tabular position under title "Statutes Cited, &c." to "Gen. Sts. c. 124, § 5. Arrest. p. 524" 99
98 64 15th line from bottom, for "Emmons" read "Emerson" 99
98 160 12th line from top, for "3 H. L." read "1 H. L. Sc." 110
98 161 4th line from top, for "3 H. L." read "1 H. L. Sc." 110
98 504 9th line from bottom, for "10 Cush. 174" read "8 Cush. 124" 99
98 521 5th line of headnote, for "plaintiff" read "defendant" 99
98 563 9th line from bottom, for "jury were instructed" read "judge ruled" 99
98 648 21st line from bottom, for "plaintiff" read "defendant" 99
98 652 In cross-references under "Specific Performance," for "Presumption, 1" read "Contract, 12" 99
99 23 15th line from bottom, for "and" read "who" 101
99 455 2d and 3d lines from bottom, for "second" read "first" 101
99 584 20th line from bottom, for "2 M. & W." read "12 M. & W." 101
100 11 2d line from top, for "8 Gray" read "6 Gray" 101
100 97 15th line from top, for "defendants" read "plaintiffs" 101
100 111 17th line from top, for "c. 90" read "c. 89" 101
100 133 15th line from bottom, for "sc" read "se" 101
100 194 12th and 13th lines from bottom, transpose "S.A. Burgess" and "W. Colburn" 111
100 232 5th line of headnote, insert "half of" before "the avails" 101
100 232 6th line of headnote, for "eight one-thousandths" read "four one-thousandths" 101
100 232 9th line from bottom, for "eight one-thousandths" for "four one-thousandths" 101
100 292 4th line from bottom, for "§ 5" read "§ 6" 101
100 303 8th line from bottom, for " enemies," &c." read " enemies, &c."" 101
100 447 6th line from top, delete quotation marks 101
100 590 6th line of "Contract, 4," insert "half of" before "the avails" 101
100 590 7th line of "Contract, 4," for "eight one-thousandths" read "four one-thousandths" 101
101 336 9th line from top, for "11 Allen, 445" read "11 Allen, 132" 102
104 496 14th line from top,for "second" read "third" 105
104 646 Under "TROVER," insert "Proof of the taking of exclusive possession of a building by a person who has a right to such possession, and of his putting a new lock on a door, the key of which he knows is held by the owner of some furniture in the building, will not warrant a finding of a conversion of the furniture by him, in the absence of any evidence that he ever made claim to the furniture or hindered its owner from removing it.  Poor v. Oakman, 309." 105
105 16 First line, for "§ 80" read "§ 89" 107
105 177 16th line from top, for "§ 16" read "§§ 1, 8" 107
106 194 25th line from bottom, for "100 Mass." for "101 Mass." 107
106 261 6th line from top, for "defeat" read "defect" 107
106 513 17th line from top, for "what" read "whose" 107
107 164 20th line from top, insert "it" between "if" and "had" 108
107 272 12th line from bottom, for "1868" read "1867" 108
107 381 3d and 4th lines from top, transpose "plaintiff" and "defendant" 108
107 391 Between 13th and 14th lines from bottom, insert "C. Allen, Attorney General, for the Commonwealth." 108
107 419 8th line from top, for "Exceptions overruled" read "Case to stand for trial" 108
108 116 6th line from bottom, for "defendant" read "plaintiff" 109
108 192 13th line from top, for "plaintiff" read "defendant" 109
108 321 8th line from bottom, for "Sharpe v. Sharpe" read "Sheafe v. Sheafe" 109
108 368 19th line from top, insert "be" between "to" and "set" 109
108 436 9th line from top, for "such" read "each" 109
108 490 17th line from top, for "50" read "500" 109
108 533 12th line from bottom, for "mere" read "more" 109
108 565 9th line from top, for "Day" read "Matthews" 109
109 37 9th and 10th lines from bottom, for "Osgood v. Pearsons, 4 Gray, 455" read "Hubbard v. Mosely, 11 Gray, 170" 110
109 233 9th line from bottom, for "grantees" read "grantors" 110
109 646 6th line from top, for "____ c.445" read "1854, c. 445" 110
110 23 2d line from top, for "1789" read "1787" 111
110 531 Last line, for "affirmed" read "for the tenant" 111
115 97 8th line from bottom, for "defendant" read "defendants" 116
115 101 17th line from top, for "on" read "or" 116
115 114 Head line, read "March" for "April" 116
115 209 4th line from bottom, for "and" read "any" 116
115 214 18th line from top, for "window" read "residue" 116
115 270 16th line from top, delete second end quotation marks 116
115 347 14th line of headnote, for "2000" read "1000" 116
115 356 3d line from top, for "defendant" read "defendants" 116
115 411 5th line from bottom, for "brawn" read "drawn" 116
115 517 11th line from top, for "2" read "8" 116
115 535 10th line from top, for "nowaiver" read "no waiver" 116
115 561 First line, for "that" read "the" 116
115 574 12th line from bottom, for "defendant" read "mortgagee" 116
115 638 Last line, for "9-13" read "8-13" 116
116 28 4th line of last headnote, for "April 4" read "April 1" 117
116 99 6th line from bottom, for "defendant" read "plaintiff" 117
116 158 11th line from bottom, for "put, in" read "put in" 117
116 377 3d line from bottom of headnote, for "life estate" read "fee simple" 117
116 399 Insert "L.W. Howes &" before "E.B. Smith, for the plaintiff" 117
116 420 9th line from bottom, for "§ 1" read "§ 22" 117
116 475 3d line from bottom, for "The three" read "Among the three" 117
116 624 Next to last line of pl. 10, for "life estate" read "fee simple" 117
117 45 First line of headnote, insert "B." after "and" 118
117 50 11th line from bottom, for "respondent" read "petitioners" 118
117 109 3d line from bottom, for "Wood v. Wood" read "Stout v. Wood" 125
117 180 Names of counsel should read, "S.A. Bolster & E.K. Dexter, for the petitioners.  J.M. Baker, for the respondents." 118
117 294 14th and 21st lines, for "defendants" read "plaintiffs" 118
117 322 First line, for "he" read "they" 118
117 374 First line, insert "or bars" after "opening" 118
117 385 9th line from bottom, for "Bacon" read "Aldrich" 118
117 467 12th line from top, insert "to" after "subject" 118
117 534 3d line from bottom, for "the gas" read "this explosive substance" 118
117 578 16th line from top, for "May 15" read "March 22" 118
117 663 19th line from top, insert "B." after "and" 118
118 23 11th line from top, for "Ex parte Carver" read "Carver v. Jackson" 125
118 178 10th line from top, for "103 Mass. 278" read "99 Mass. 208" 122
118 267 11th line from bottom, for "Brand" read "Braiden" 125
118 267 13th line from bottom, for "M'Lean" read "M'Learn" 125
118 308 3d line from top, for "Judgment for the Commonwealth" read "Execution awarded" 122
118 517 3d line from top, for "M'Dermott" read "M'Dermutt" 125
119 48 11th and 12th lines from top, for "(or notice thereof waived) by the company" read "(or notice thereof waived by the company)" 120
119 155 3d line from bottom, for "is" read "are" 120
119 188 6th line from bottom, for "he" read "the" 120
119 391 11th line from bottom, for "plaintiff" read "defendant" 120
119 392 First line, for "plaintiff" read "defendant" 120
119 496 6th line from bottom, for "Daggett" read "Doggett" 120
119 515 9th line from top, for "plaintiff" read "defendant" 120
119 605 23d line from top, for "he" read "be" 120
120 459 First line, for "John" read "Joseph" 122
121 52 10th line from top, for "33" read "41" 125
121 482 11th line from bottom, for "interest" read "intent" 122
121 550 16th line from top, for "has" read "have" 122
122 31 9th line from bottom, for "it all" read "it at all" 125
122 84 15th line from top, strike out "if," and insert "not" after "should" 125
122 84 18th line from top, strike out "then the deed should be void" 125
122 501 15th line from top, for "differs" read "differ" 125
123 425 15th line from top, for "lands" read "goods" 125
123 522 At end of Popple v. Day, insert "T.M. Stetson & F.B. Green, for the plaintiff.  C.W. Clifford & W. Clifford, for the defendants, were not called upon." 125
124 17 6th line from bottom, for "creditor" read "partner" 126
124 516 First and 2d lines of headnote, for "B. made a contract" read "A. then contracted" 126
125 425 21st line from bottom, for "F.W. Gillett" read "F.H. Gillett" 126
127 176 6th line from end of headnote, for "against B." read "against A." 130
127 610 10th line from top, for "against B." read "against A." 130
129 6 18th and 19th lines from top, for "defendants rely" read "plaintiff relies" 130
129 27 Last line of first headnote, for "mortgage" read "marriage" 130
129 47 11th line from top, for "1879" read "1869" 131
129 47 12th line from top, for "several" read "personal" 131
129 137 14th line from top, for "St. 1828" read "St. 1827" 132
129 324 13th line from top, for "513" read "516" 130
129 366 19th line from top, for "§ 5" read "§ 58" 130
129 374 16th line from bottom, for "§ 6" read "§ 1" 130
129 416 3d line from top, for "should bear" read "should not bear" 130
129 448 4th line from bottom, for "75" read "95" 130
129 531 17th line from bottom, delete second "not" 131
129 537 14th line from bottom, for "§ 20" read "§ 10" 130
129 538 12th line from bottom, for "§ 438" read "c. 438" 130
129 539 First line of headnote, insert "is taken" after "appeal" 131
129 606 4th line from bottom, for "mortgage" read "marriage" 130
129 652 In Table of Statutes, for "St. 1828" read "St. 1827" 132
130 236 At end of first paragraph of statement, insert "Writ dated November 5, 1879" 132
130 368 2d line of second headnote, for "§§ 7, 43" read "§§ 6, 43" 131
130 369 11th line from top, for "§ 7" read "§ 6" 131
131 iii 5th line from bottom, for "April 11, 1881" read "April 18, 1881" 132
132 107 3d line from top, for "singing" read "signing" 134
132 125 First line, for "declaration" read "answer" 134
132 181 2d line from bottom, for "Wilkinson" read "Rockwell" 134
133 iii 15th line from top, for "1883" read "1882" 134
133 274 19th line from top, for "either" read "neither" 134
133 274 20th line from top, for "or" read "nor" 134
134 392 3d line from bottom, insert "argument" after "plaintiff's" 135
134 482 7th line from top, for "Suffolk" read "Middlesex" 176
135 99 3d line of headnote, for "defendant" read "plaintiff" 136, 141
135 157 At bottom of page, insert "W. Gaston & C.G. Keyes, for the defendants.  B.W. Potter, for the plaintiff." 136, 141
135 518 At bottom of page, insert "J.M. Day, for Nickerson and another.  J.C. Dodge, for Swett and others." 136, 141
135 525 15th line from bottom, insert "Bull. N. P. 284." after "disclosure." 136, 141
135 648 14th line from bottom, for "defendant" read "plaintiff" 141
136 267 11th line of second headnote, for "mortgage" read "discharge" 137, 141
136 656 9th line from top, for "mortgage" read "discharge" 141
137 82 For "Pub. Sts. c. 11, § 12" read "Gen. Sts. c. 11, § 12" 170
137 121 16th and 17th lines from top, for "Richards" read "Richardson" 144
137 234 At end of Sullivan v. Wentworth, insert "E. Bicknell, for the plaintiff.  L.T. Cushing, for the defendant." 141
137 251 20th line from top, for "selecting" read "selection of" 141
137 664 For "Pub. Sts. c. 11, § 12" read "Gen. Sts. c. 11, § 12" 170
138 10 13th line from bottom, for "action" read "erection" 141
138 604 14th line from top, omit "of the questions" 145
139 509 3d line from bottom, for "insurer" read "insured" 141
139 572 7th line from top, insert "& F.D. Allen" after "R.D. Smith" 141
141 76 11th line of headnote, for "plaintiff" read "defendant" 144
141 568 9th line from top, insert "unless" before "within" 144
141 629 In pl. 14, 11th line from top, for "the plaintiff appealed" read "the defendant appealed" 144
142 588 For "Pub. Sts. c. 11, § 18" read "Pub. Sts. c. 11, § 17" 170
142 664 For "Pub. Sts. c. 11, § 18" read "Pub. Sts. c. 11, § 17" 170
143 535 In the list of Justices absent, for "Gardner" read "Holmes" 144
144 491 3d line from end of headnote, for "in action" read "in an action" 145
146 27 17th line from bottom, for "Taverner" read "Tavener," and for "487" read "407" 151
146 45 5th line from bottom, for "c. 154" read "c. 158" 147
146 113 7th line from bottom, for "liberal" read "literal" 151
146 132 3d line of headnote, for "he" read "the person named therein" 176
146 132 Last line of headnote, omit "and" 147
146 369 5th and 6th lines from bottom, for "§ 1" read "§ 2" 162
146 395 7th line of headnote, for "twenty-six" read "twenty-five," and for "$5,000" read "$6,000" 151
146 492 6th line from top, insert "no" before "doubt" 147, 170
146 552 16th line from top, for "plaintiff" read "plaintiffs" 147
146 559 4th line of first headnote, for "lessor" read "lessee" 147
146 559 9th and 10th lines from bottom, for "lessors" read "lessees" 147
146 629 2d line from top, omit "not" 151
146 653 At end of title "Partnership," insert "Agreement held to constitute, Dame v. Kempster, 454." 147
147 293 16th line from bottom, for "vacated" read "created" 151
147 635 16th line from top, for "McKeown v. Gurney, 192" read "Osgood v. McGann, 196" 151
148 41 Counsel should read "J. Brown, for the plaintiff.  L. LeB. Holmes, (E.D. Stetson, with him,) for the defendant." 151
149 375 First line of third headnote, for "An executor" read "A guardian" 151
149 375 3d line of third headnote, for "additional" read "executor a" 151
149 378 17th line from bottom, for "executor" read "guardian" 151
149 424 17th line from top, transpose "plaintiffs" and "defendants" 151
149 439 8th line from top, for "respondent" read "petitioner" 151
149 593 14th line from top, for "117 Ill. 341" read "118 Ill. 17" 151
150 354 Counsel should read "W.W. Rice & H.W. King, (C.M. Rice, with them,) for the defendant." 151
150 377 Counsel should read "H.G. Nichols, (F.E. Brooks, with him,) for the defendants." 151
150 529 7th line of headnote, omit "life" 151
150 626 13th line from top, for "Ib." read "Com. v. McDonnough, 504" 151
150 633 6th line from bottom, for "Com. v. McDonnough, 504" read "Com. v. Hayes, 506" 151
151 266 9th and 11th lines from bottom, for "§ 1" read "§ 2" 162
152 168 5th line of second headnote, for "he asked" read "he was asked" 176
152 270 19th line from top, for "385" read "384" 176
152 290 6th line from bottom, insert "not" after "would" 155
152 532 6th line of headnote, for "§ 6" read "§ 61" 176
153 113 3d line of fourth headnote, for "c. 43" read "c. 243" 162
153 242 3d line of third headnote, for "insolvent" read "solvent" 162
154 181 First line of first headnote, for "creditor's" read "grantor's" 162
154 448 12th line from top, for "plaintiffs" read "defendants" 155
154 579 3d line from end of second headnote, for "c. 283" read "c. 383" 162
155 234 2d line of fourth headnote, for "plaintiff's" read "defendant's" 162
155 552 14th line from bottom, for "contract" read "mortgage" 170
156 Table of Statutes Cited Insert Pub. Sts. c. 167, § 61, p. 26 162
156 Table of Statutes Cited Insert Pub. Sts. c. 112, § 18, p. 161 162
156 203 10th line from bottom, for "plaintiff" read "defendants" 162
156 313 2d line from end of second headnote, insert "for the property of the testator" after "estate" 162
156 387 3d line of headnote, for "ruling" read "refusal" 162
156 387 4th line of headnote, insert "to rule that the defendant was entitled" after "judge" 162
157 Table of Statutes Cited Insert U.S. Sts. § 4557, p, 159 162
157 Table of Statutes Cited Insert St. 1854, c. 448, § 45, p. 178 162
157 409 For "St. 1890, c. 416, § 1" read "St. 1891, c. 416, § 1" 170
157 430 15th line from bottom, for "plaintiff" read "defendant" 176
157 469 11th line from top, for "§ 144" read "§ 44" 162
157 683 For "St. 1890, c. 416, § 1" read "St. 1891, c. 416, § 1" 170
158 Table of Statutes Cited Insert Pub. Sts. c. 49, § 79, p. 567 162
158 69 First line of statement, for "George C. Morrell" read "Old Colony Railroad Company" 159
158 69 3d line of statement, for "defendant" read "plaintiff" 159
158 194 10th line of headnote, delete "not" 170
158 200 First line of second headnote, for "person licensed" read "person who is licensed" 176
158 200 2d line of second headnote, delete "and" 176
158 253 19th line from bottom, for "1855" read "1885" 162
158 449 12th line from bottom, for "66/288" read "68/288" 160
158 598 2d line of first headnote, for "XXV" read "XXVI" 162
159 181 15th line from top, for "son in law William F. Wharton" read "grandson William P. Wharton" 162
159 511 12th line from bottom, insert "apply to officers of all corporations" after "corporations" 162
160 114 11th line from top, for "he replied that the demandant Snow, not being present" read "he replied that Snow, the demandant not being present" 162
160 392 10th line of headnote, for "the point" read "that point" 176
161 173 First line, for "the witness" read "a witness" 162
161 432 2d line of first headnote, for "§ 13" read "§ 3" 162
161 471 16th line from top, for "137 Mass. 247" read "147 Mass. 237" 162
163 68 14th line from bottom, for "could reject" read "could not reject" 170
163 272 For "St. 1891, c. 415, § 3" read "St. 1891, c. 415, § 5" 170
163 681 For "St. 1891, c. 415, § 3" read "St. 1891, c. 415, § 5" 170
164 22 4th line from bottom, for "St. 1842, c. 46" read "St. 1842, c. 86" 170
164 671 Delete "St. 1842, c. 46" 170
165 68 3d and 4th lines from top, for "attempted to carnally know and abuse said Miriam" read "her did then and there unlawfully and carnally know and abuse"  170
165 436 First line of first headnote, for "must" read "may" 170
166 263 2d line of headnote, for "payee and indorser in enforcing payment does not discharge him" read "maker in enforcing payment does not discharge the indorser" 170
167 166 3d line from top, for "not" read "may" 170
167 355 7th line from bottom, delete "payment" 170
167 399 3d line from bottom, for "grandchildren" read "grandchild" 170
167 415 3d line from top, for "plaintiff" read "trustee" 170
167 596 3d line from bottom, for "1897" read "1895" 176
168 218 5th line from bottom, for "offer" read "order" 170
169 205 20th line of headnote, for "Held, on the death of the testator's son, that he" read "Held, that the testator's son" 170
169 205 22d line of headnote, insert "on his death" after "that" 170
169 495 For second headnote, substitute the following:  "Commissioners appointed under St. 1890, c. 428, upon a petition for the abolition of the crossing at grade of a highway by a railroad, may prescribe in their report an alteration in the location of the railroad which will result in removing the railroad track from a railroad station, and in causing the position of the station naturally and necessarily to be changed as incidental to the change of the location of the track" 170
170 355 First line of footnote, for "bill of exceptions" read "agreed facts" 176
172 162 6th line from bottom, for "liberal" read "literal" 176
172 226 Last line of footnote, insert "See St. 1892, c. 275" 176
173 610 2d line from bottom, for "390" read "391" 176
175 367 3d line from bottom, for "defendants" read "plaintiffs" 176
175 396 5th line from bottom, delete "amended by Sts. 1877, c. 204, and 1880, c. 196" 176
175 397 7th line from top, insert "1877, c. 204, § 1.  Pub. Sts. c. 115, § 8.  The subsequent act of" after "St." 176
175 397 19th line from top, insert "St. 1880, c. 196, § 3.  Pub. Sts. c. 115, § 9" after "designated" 176
175 490 12th line from top, for "eighteen hundred and eighty-five" read "eighteen hundred and eighty-four" 176
176 115 18th line from top, for "defendant" read "plaintiff" 284
205 501 In Cheney v. Assessors of Dover, strike the third headnote, which begins on the last line 210
205 503 10th line from bottom, insert "no" between "that" and "such service" 210
206 Table of Cases For "Warren v. Street Commissioners, 181 Mass. 6, 15" read "Russell v. Bates, 181 Mass. 12" 284
206 22 17th and 18th lines, for "Warren v. Street Commissioners, 181 Mass. 6, 15" read "Russell v. Bates, 181 Mass. 12" 284
210 93 7th line from top, for "risks" read "writs" 211
210 588 23d line from top, for "accurate" read "inaccurate" 211
211 439 22d line from top, for "impart" read "import" 232
212 267 10th line from top, for "251" read "151" 324
216 551 3d line from top, for "defendant's" read "plaintiff's" 274
221 318 3d line from top, for "two and ten one hundredths feet" read "four and two one hundredths feet" 222
222 597 6th line from top, for "plaintiff" read "defendant" 289
223 Table of Cases For "Towne v. Newton, 167 Mass. 311" read "Scituate Water Co. v. Simmons, 167 Mass. 313" 284
223 228 12th line of opinion, delete "a" before "finding" 226
223 342 9th line from top, for "Towne v. Newton, 167 Mass. 311" read "Scituate Water Co. v. Simmons, 167 Mass. 313" 284
223 585 8th line from top, for "J.P. Fagan, for the Federal Trust Company, submitted a brief." read "J.E. Cotter & J.P. Fagan, for the Federal Trust Company, submitted a brief." 224
224 159 Last line of footnote, for "defendants" read "plaintiffs" 289
224 558 In the report of McManaman's Case, delete ", submitted a brief" 226
225 451 8th and 9th lines of second headnote, for "for the full amount due upon the mortgage note and interest" read "in an action of tort for conversion" 233
227 463 In statement, verdict in the first action was $2,800 and that in the second action was $700 233
230 59 5th line from bottom, for "J.M. Hendricken" read "J.M. Kendricken" 231
230 395 12th line from bottom, for "removed" read "renewed" 233
231 302 5th line from top, delete "without a jury" 233
234 242 15th line from top, for "no" read "an" 258
235 582 19th line from top, for "fact" read "face" 274
236 245 Top of page, proceeding described was a petition in the Probate Court for the county of Essex and came to the Supreme Judicial Court for that county on appeal from a decree entered by order of Dow, J. 258
237 623 6th line from bottom, for "and" read "end" 258
239 530 22d line from top, for "middle" read "northern" 258
241 389 6th line from bottom, for "W.W. Clark" read "J. Clark, Jr." 258
242 443 20th line from top, insert "be" before "printed" 289
245 291 3d line of headnote paragraph (2), for "customer" read "auctioneer" 258
246 Table of Cases xvi For "Harris v. Boston & Maine Railroad, 211 Mass. 573" read "Flaherty v. New York Central & Hudson River Railroad, 211 Mass. 570"  274
246 Table of Cases xvii For "Harris v. Boston & Maine Railroad, 211 Mass. 573" read "Flaherty v. New York Central & Hudson River Railroad, 211 Mass. 570" 274
246 100 First line of third headnote, for "father" read "grandfather" 258
246 100 3d line from bottom, for "father" read "grandfather" 258
246 101 2d line from top, for "grandfather" read "father" 258
246 134 First line, for "descendant" read "decedent" 258
246 555 9th and 10th lines, for "Harris v. Boston & Maine Railroad, 211 Mass. 573" read "Flaherty v. New York Central & Hudson River Railroad, 211 Mass. 570" 274
247 Table of Cases For "Dover v. Allen" read "Davis v. Allen" 284
247 72 First line, for "Dover v. Allen" read "Davis v. Allen" 284
247 130 7th line from top, for "plaintiff" read "defendant" 258
247 142 2d line from bottom, for "plaintiff" read "defendant" 262
247 143 First line, for "defendant's" read "plaintiff's" 262
247 194 23d line from top, for the second instance of "each" read "such" 262
247 301 Last line, for "903" read "390" 262
247 363 9th line from bottom, for "reply" read "rely" 262
248 88 12th line from top, for "of" read "or" 262
248 127 27th line from top, for "Tort" read "Contract" 262
248 155 4th line from top, for "without" read "with" 258
248 155 25th line from top, insert "not" after "could" 258
249 300 16th line from bottom, for "Weed" read "Brown" 258
249 518 19th line from bottom, for "defendant" read "plaintiff" 258
250 103 2d line from top, for "on" read "no" 262
250 537 Last line of headnote, for "defendants" read "defendant" 284
251 Table of Cases xiii For "Campbell v. Russell, 139 Mass. 278" read "Silver v. Jordan, 139 Mass. 280" 264
251 Table of Cases xiii For "Campbell v. Russell, 139 Mass. 278" read "Silver v. Jordan, 139 Mass. 280" 264
251 352 6th line of headnote, for "case" read "cash" 262
251 446 Last line, for "plaintiffs" read "defendants" 324
251 539 19th line from top, for "Campbell v. Russell, 139 Mass. 278" read "Silver v. Jordan, 139 Mass. 280" 264
252 136 3d line from bottom, for "plaintiff" read "defendant" 264
252 618 In the tabulation of record of rules, insert "14 Mass. 466" 274
253 574 2d line of headnote, delete "of the defendant" 262
254 Table of Cases xx For "Leland v. Union Commercial Travellers Association" read "Leland v. United Commercial Travelers of America" 264
254 97 27th line from top, for "Leland v. Union Commercial Travellers Association" read "Leland v. United Commercial Travelers of America" 264
254 263 2d line from top, for "plaintiff" read "Charles E. Brickley" 274
254 495 10th line from top, for "Broadhurst" read "Greenhalge" 258
255 470 7th line from top, for "I" read "It" 264
256 Table of Cases xix For "Nain" read "Main" 289
256 Table of Cases xx For "Nain" read "Main" 289
256 44 3d line from bottom, for "Nain" read "Main" 289
256 203 End of 7th line from top, insert "was" 264
256 233 First line, for "defendant" read "plaintiff" 323
256 233 8th line from top, for "plaintiff's" read "plaintiffs' " 323
256 233 10th line from top, for "plaintiff" read "plaintiffs" 323
256 486 8th line from top, for "have" read "has" 264
257 Table of Cases xvi For "196 Mass. 216" read "169 Mass. 216" 274
257 80 For "donor" read "donee" 284
257 289 In the quorum, delete Rugg, C.J. 258
257 293 In statement, delete reference to Rugg, C.J. 258
257 498 2d line from bottom,  for "196 Mass. 216" read "169 Mass. 216" 274
258 136 15th line from top, for "Art. 20 of the Declaration of Rights" read "Art. 30 of the Declaration of Rights" 284
258 418 3d line of opinion, for "testator" read "testatrix" 284
258 447 8th and 9th lines, for "discussion" read "decision" 262
258 719 In sub nom. "Opinion," for "discussion" read "decision" 262
259 470 3d line from bottom, for "535" read "235" 284
259 586 15th line from top, for "plaintiffs" read "certificate holders" 284
260 426 First line, for "45" read "48" 264
260 504 10th line from top, for "452" read "542" 264
261 xiii 17th line from bottom, first column, for "228" read "258" 262
261 119 4th line from bottom, for "228" read "258" 262
261 568 21st line from top, for "1915-1929" read "526-540" 264
262 Table of Cases xix For "Koch v. Lynch, 347 Mass. 459" read "Koch v. Lynch, 247 Mass. 459" 264
262 587 25th line from top, for "Theberoe" read "Theberge" 264
264 29 First line of statement, for "Norfolk" read "Suffolk" 274
264 338 First line of statement, for "1921" read "1928" 274
265 664 End of third paragraph, insert "Ibid." 274
266 Table of Cases For "O'Neil v. Boston, 263 Mass. 57" read "O'Neil v. Boston, 263 Mass. 55" 284
266 264 23d line from top, for "O'Neil v. Boston, 263 Mass. 57" read "O'Neil v. Boston, 263 Mass. 55" 284
267 237 2d line from bottom, for "ever" read "never" 311
267 570 13th line from top, for "plaintiff" read "Porter" 289
267 570 17th line from top, for "plaintiff" read "Porter" 289
271 612 18th line from top, for "Res. 130" read "Res. 1930" 289
271 618 19th line from top, for "Res. 130" read "Res. 1930" 289
271 652 5th line from bottom, for "Res. 130" read "Res. 1930" 289
271 684 Last line, for "Res. 130" read "Res. 1930" 289
272 414 9th line from top, for "September 18, 1928" read "September 18, 1929" 284
272 601 In footnote, for "5 Met. 236" read "8 Met. 466" 274
272 602 10th and 11th lines, for "Commonwealth v. Anthes" read "Commonwealth v. Aves" 274
272 602 In footnote, for "5 Gray, 185" read "18 Pick. 193" 274
273 349 13th line from top, for "contractural" read "contractual" 324
273 372 In quorum, insert "Sanderson" after "Wait" 289
274 478 7th line of statement, for "defendant" read "complainant" 284
274 667 4th line of third paragraph, insert "not" after "law" 284
276 114 5th line of first headnote, for "1890" read "1891" 284
276 115 7th line from top, for "1890" read "1891" 284
276 115 22d line from top, for "1890" read "1891" 284
276 633 5th line of last complete paragraph, for "1890" read "1891" 284
276 721 In Table of Statutes Cited and Expounded, for "1890" read "1891" 284
276 154 6th line of statement, delete "he" 284
276 154 8th line from top, for "him" read "the court" 284
277 469 2d line from top, for "representations" read "representatives" 289
280 280 18th line from top, for "principal" read "principle" 284
284 173 11th line from top, for "principal" read "principle" 290
288 197 3d and 4th lines of headnote at bottom of page, delete "at the expiration of the fourteen day period" 289
288 614 Last paragraph of Index, delete "at the expiration of the fourteen day period" 289
288 615 First paragraph, delete "at the expiration of the fourteen day period" 289
289 466 8th line from top, for "criminal" read "civil" 290
296 208 First line of headnote, for "G. L. (Ter. Ed.) c. 3, § 46E" read "G. L. (Ter. Ed.) c. 31, § 46E" 319
296 424 23d line, for "46" read "44" 323
296 424 39th line, for "46" read "44" 323
296 614 Under "Civil Service," for "G. L. (Ter. Ed.) c. 3, § 46E" read "G. L. (Ter. Ed.) c. 31, § 46E" 319
302 451 24th line from top, for "§ 327" read "c. 327" 312
310 384 6th line from top, for first instance of "capital" read "surplus" 311
313 8 2d line of second headnote, insert "of a husband" after "desertion" 314
314 618 7th line from top, for "indebtedness" read "indefiniteness" 315
318 139 24th and 25th lines, for "contractural" read "contractual" 324
318 461 Delete sentence beginning in 10th line and ending in 17th line and substitute "They provided an alternative method by which relief could be had by petition, hearing, and decree in the Probate Court without the more cumbersome proceeding of issuing a writ of habeas corpus, which, when issued, could be made returnable only to the Supreme Judicial Court or a justice thereof, before which court or justice the alleged prisoner must be produced at the time of the return and the hearing must be had." 323
318 784 4th line of text, read "Field, C.J., Lummus, Qua, Dolan, Ronan, Wilkins." 319
318 790 2d line from bottom, should read "Field, C.J., Lummus, Qua, Dolan, Ronan, Wilkins." 319
321 621 35th line from top, for "limitations" read "limitation" 322
321 351 15th line from top, post, for "decree" read "decision" 322
322 662 2d line of statement, for "January 19, 1947" read "January 29, 1947" 323
322 664 8th line from bottom, for "decree" read "decision" 324
361 584 16th line from top, delete "not" 366
363 184 In quorum, read "Present:  TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ." 368
364 281 12th line from top, for "adequate" read "inadequate" 366
364 426 In quorum, read "Present:  TAURO, C.J., REARDON, QUIRICO, HENNESSEY, & WILKINS, JJ." 379
375 764 After last line, insert "longer serves at discretion,' merely supplemented the" 389
384 367 2d line from top, for "prompty" read "promptly" 488
387 157 29th line from top, for "supra at 760" read "supra at 191-193" 389
392 731 11th line from top, for "internal" read "international" 395
393 1101 This page was inadvertently omitted from the volume, and the corresponding page from Volume 394 was inserted in its place. 394
393 1101 The orders published below should have appeared at 393 Mass. 1101:
September 26, 1984
Further appellate review granted:
Commonwealth
vs. Edwin L. Barber.  Reported below:  18 Mass. App. Ct. 460 (1984).
Commonwealth
vs. Charles P. Dixon.  Reported below:  18 Mass. App. Ct. 1107 (1984).
Guardianship of John Edward Hurley (and a companion case).  Reported below:  18 Mass. App. Ct. 1110 (1984).
394
393 1101 The orders published below should have appeared at 393 Mass. 1101:
September 26, 1984
Further appellate review denied:
Appeal of Richard Schnapper.  Reported below as Richard Schnapper
vs. Anthony A. Pizzi, 18 Mass. App. Ct. 1110 (1984).
Joseph Barboza & others
vs. Aetna Casualty & Surety Company.  Reported below:  18 Mass. App. Ct. 323 (1984).
Commonwealth
vs. John Askins.  Reported below:  18 Mass. App. Ct. 927 (1984).
Commonwealth
vs. Roderick Baker.  Reported below:  18 Mass. App. Ct. 1111 (1984).
Commonwealth
vs. James A. Brenner, Jr.  Reported below:  18 Mass. App. Ct. 930 (1984).
Commonwealth
vs. Raymond J. Butler.  Reported below:  17 Mass. App. Ct. 1116 (1984).
Commonwealth
vs. Stephen M. Doherty.  Reported below:  18 Mass. App. Ct. 1111 (1984).
Commonwealth
vs. Julio M. Lucido.  Reported below:  18 Mass. App. Ct. 941 (1984).
Commonwealth
vs. Thomas J. Manning, Jr.  Reported below:  18 Mass. App. Ct. 1108 (1984).
Commonwealth
vs. Kevin C. Purvis.  Reported below:  18 Mass. App. Ct. 933 (1984).
394
393 1101 The orders below should have appeared at 393 Mass. 1101:
September 26, 1984
Further appellate review denied (continued):
Commonwealth
vs. Harry B. Rossignol, Jr.  Reported below:  18 Mass. App. Ct. 1105 (1984).
Commonwealth
vs. Ronald J. Rowe.  Reported below:  18 Mass. App. Ct. 926 (1984).
Commonwealth
vs. Reginald Sheffield.  Reported below:  16 Mass. App. Ct. 342 (1983).
Commonwealth
vs.  Francis P. Sumner.  Reported below:  18 Mass. App. Ct. 349 (1984).
Commonwealth
vs. Lawrence West.  Reported below:  18 Mass. App. Ct. 1111 (1984).
394
407 901 6th line of third paragraph, for "at" read "as" 488
408 1301 The order of the Justices issued May 30, 1990, amending S.J.C. Rule 3:12, Canon 5(D), appears in this volume at page 1301. 408
421 524 10th line from top, for "c. 209" read "c. 208" 430
424 81 5th line of footnote 2, for "Fifth Amendment's due process clause" read "Fourteenth Amendment" 450
424 1103 Below "January 27, 1997," insert "Further appellate review granted:  Commonwealth vs. John Gauthier.  Reported below:  41 Mass. App. Ct. 765 (1996). 429
425 590 4th line of third paragraph of footnote 4, for "continued" read "contingent" 432
426 505 6th line of third full paragraph, for "wife's" read "mother's" 429
430 421 4th line from bottom, for "649" read "650" 444
430 709 3d line from top, for "risk" read "likelihood" 441
432 640 16th line of first paragraph, for "G. L. c. 119, § 8" read "G. L. c. 119, § 58" 485
433 615 6th line of footnote 11, for "734" read "735" 436
436 517 6th line of first headnote, delete "pursuant to G. L c. 231, § 118" 447
437 516 4th line of footnote 13, for "complaint" read "motion" 447
445 574 9th line from bottom, for "that" read "whether" 454
447 385 7th line from top, for "802" read "808" 476
447 1113 Following agreement under Mass. R. A. P. 29, the matter pending in Kalter v. Wood, 447 Mass. 1113 (2006), was dismissed. 449
450 785 11th line of second full paragraph, for "offenders" read "members" 470
451 461 11th line from top, for "a" read "an" 488
452 1106 On December 8, 2008, the court vacated the order, dated October 29, 2008, granting further appellate review in the case of Fecteau Benefits Group, Inc. vs. Peter L. Knox & others, reported below at 72 Mass. App. Ct. 204 (2008). 465
453 315 9th line of first full paragraph, for "557 F.3d 87 (1st Cir. 2009)" read "577 F.3d 21 (1st Cir. 2009)" 484
453 318-319 Last line of page 318 and onto first line of page 319, for "557 F.3d 87, 96 (1st Cir. 2009)" read "577 F.3d 21, 30 (1st Cir. 2009)" 484
454 465 Last line of footnote 17, for "436 Mass. 558, 661 n.2 (2002)" read "436 Mass. 558, 561 n.2 (2002)" 455
454 703 2d line from bottom, for "466 A.2d 707, 707 (D.C. 1981)" read "433 A.2d 704, 707 (D.C. 1981)" 455
454 731 First line of second full paragraph, for "Flombenbaum" read "Flomenbaum" 455
455 51 9th line from top, insert "in accordance" before "with the provisions" 463
459 402 Last full line of second paragraph, for "Brown" read "Brum" 467
460 46 9th line of first full paragraph, for "G. L. c. 94A, § 32A" read "G. L. c. 94C, § 32A" 463
460 67 6th line from bottom, for "or with intent to commit a crime" read "or with intent to commit [the] crime" 461
460 351 Last line of footnote 15, for "804" read "803" 480
461 1301 The effective date of amendments to Supreme Judicial Court Rule 1:19, as inserted by order dated February 28, 2012, is changed to September 17, 2012. 462
462 171 4th line of second paragraph of footnote 8, for "overruling" read "superseding" 464
462 470 First line of second headnote, for "his" read "her" 463
462 470 First line of fourth headnote, for "his" read "her" 463
462 684 8th line of footnote 9, insert "§ 178H (a) (3)" before "permits exercise of" 465
465 367 3d line of second full paragraph, for "348 Mass. 806" read "398 Mass. 806" 469
466 601 4th line of  footnote 6, for "§ 4B" read "§ 4A" 478
467 316 4th line of first full paragraph, insert "Commonwealth v. Nieves," before "429 Mass. 763, 770 (1999)" 470
469 842 5th line of first full paragraph, for "October 1" read "September 30" 470
471 1013 Last line of first paragraph in In the Matter of Jay Edward Simkin, for "Simpkin" read "Simkin" 472
472 622 2d line of footnote 18, delete "that" following "but" 473
475 255 5th line of opinion, for "over the age of fourteen" read "age fourteen or older" 476
478 723 5th line of footnote 8, for "includes" read "excludes" 489
482 212 4th line from top, for "Cianci" read "Ciani" 490

Massachusetts Appeals Court Reports

VOLUME PAGE LOCATION & DESCRIPTION APPEARS IN VOLUME
1 158 31st line from top, for "not" read "now" 2
6 14 30th line from top, for "obligation" read "objection" 8
6 16 35th line from top, for "through" read "though" 8
6 479 18th line from top, for "were" read "where" 8
6 618 2d line from top, for "reversed" read "reserved" 8
12 696 Footnote 6 should read:  "We therefore need not discuss the defendant's present arguments for the admissibility of this evidence, i.e., that the prosecutor's failure to base his objection exclusively on the disqualification converted it into a privilege which could have been found to be waived (citing Hughes, Evidence § 127, at 114 [1961]); and that the prosecutor failed to satisfy what is said to be his burden to show that the argument in question was a private conversation invoking the disqualification (citing Wireless Specialty Apparatus Co. v. Priess, 246 Mass. 274, 278 [1923]).  These additional arguments were made in response to our request at oral argument that the applicability of the disqualification be discussed in supplemental briefs.  Ultimately, however, we think that the failure of trial counsel to present such arguments at trial makes it unnecessary to consider them on appeal.  See United States v. Sims, 617 F.2d 1371, 1377 (9th Cir. 1980). 14
12 804 8th line from top, for "811" read "934" 19
14 703 4th line of second paragraph, for "is a lesser-included offense" read  "is not a lesser-included offense" 15
14 703 8th line of second paragraph, for "however" read  "moreover" 15
16 124 6th line from top,  for "§ 443(4)" read "433(4)" 21
27 581 3d line of footnote 4, for "It" read "If" 89
44 618 6th line of second paragraph, for "§ 71" read "c. 71" 49
44 618 2d line of footnote 7, for "72" read "71" 49
44 619 2d line of second full paragraph, for "G. L. c. 71" read "St. 1993, c. 71" 49
45 479 2d line from top, delete existing text and insert the following:  "prejudicial effect substantially outweighs its probative value." 46
50 509 7th and 8th lines of footnote 14, delete the citation to "Williams v. Massa, 431 Mass. 619, 636-637 (2000)"  and reinsert it in the fifth line, immediately preceding the sentence beginning, "In limited circumstances . . ." 53
50 509 In footnote 14, delete the citation to "Williams v. Massa, 431 Mass. 619, 636-637 (2000)," from its existing location and reinsert it after the first sentence of the  footnote 73
52 426 9th line from bottom, for "Cignal" read "Cigal" 54
55 773 Last line of footnote 21, delete the citation to "Williams v. Massa, 431 Mass. 619, 636-637 (2000)," and insert a citation to "Kennedy v. Kennedy, 17 Mass. App. Ct. 308, 312 (1983)" 73
58 523 First line of footnote 1, for "c. 389" read "c. 589" 61
62 906 Subsequent to publication of Appeals Court bound volume 62, the Supreme Judicial Court granted further appellate review, 445 Mass. 1108 (2005), in the case of John Hancock Mut. Ins. Co. v. Banerji, 62 Mass. App. Ct. 906 (2004). 63
64 1110 Subsequent to publication of Appeals Court bound volume 64, the Supreme Judicial Court granted further appellate review, 447 Mass. 1101 (2006), in the case of Junior v. Building Inspector of Marshfield, 64 Mass. App. Ct. 1110 (2005). 65
66 461 Subsequent to publication of Appeals Court bound volume 66, the Supreme Judicial Court granted further appellate review, 448 Mass. 1101 (2006), in the case of T & D Video, Inc. v. Revere, 66 Mass. App. Ct. 461 (2006). 67
67 432 2d sentence of first paragraph, for "invasion of privacy" read "invasion of personal privacy" 76, 77
67 432 End of first paragraph, for "c. 961" read "c. 691" 76, 77
68 657 2d line of last paragraph, for "I, III, IV, V, and VIII" read "III, IV, and V" 70
68 657 After first sentence of last paragraph, insert "Those portions of the judgment on counts I and VIII of the complaint are reversed." 70
69 797 Subsequent to publication of Appeals Court bound volume 69, the Supreme Judicial Court granted further appellate review, 451 Mass. 1101 (2008), in the case of Gossels v. Fleet National Bank, 69 Mass. App. Ct. 797 (2007). 70
70 561 In the statement of procedural history, for "January 26, 2004" read "July 29, 2002" 71
70   Subsequent to the publication of bound volume 70, the Appeals Court revised the following published opinion and decision pursuant to Rule 1:28:
Commonwealth v. Rivera, 70 Mass. App. Ct. 1116 (2007), and 76 Mass. App. Ct. 67 (2009).  See Commonwealth v. Diaz-Gonzalez, 77 Mass. App. Ct. 1117 (2010).
75
72 204 Delete the later history, "Further appellate review granted, 452 Mass. 1106 (2008)."  On reconsideration, the Supreme Judicial Court vacated its order and denied further appellate review. 82
73   Subsequent to the publication of bound volume 73, the Appeals Court revised the following decisions pursuant to Rule 1:28:
Commonwealth v. Agard, 73 Mass. App. Ct. 1115 (2009).  See 77 Mass. App. Ct. 1119 (2010).
Commonwealth v. Cruz, 73 Mass. App. Ct. 1117 (2009).  See 77 Mass. App. Ct. 1115 (2010).
75
74   Subsequent to the publication of bound volume 74, the Appeals Court revised the following published opinions and decisions pursuant to Rule 1:28:
Commonwealth v. Dessources, 74 Mass. App. Ct. 232 (2009).  See 77 Mass. App. Ct. 1119 (2010).
Commonwealth v. Figueroa, 74 Mass. App. Ct. 784 (2009).  See 77 Mass. App. Ct. 1117 (2010).
Commonwealth v. Fernandez, 74 Mass. App. Ct. 1110 (2009).  See 77 Mass. App. Ct. 1119 (2010).
75
74   Subsequent to the publication of bound volume 74, the Appeals Court revised the following published opinions and decisions pursuant to Rule 1:28 (continued):
Commonwealth v. Bocchino, 74 Mass. App. Ct. 1113 (2009).  See 78 Mass. App. Ct. 1101 (2010).
Commonwealth v. Sanchez, 74 Mass. App. Ct. 1113 (2009).  See 77 Mass. App. Ct. 1118 (2010).
Commonwealth v. Bultumer, 74 Mass. App. Ct. 1129 (2009).  See 77 Mass. App. Ct. 1116 (2010).
75
74 672 Subsequent to the publication of bound volume 74, the Appeals Court revised its opinion.  Delete the second paragraph beginning on page 672, including footnote 8, and insert in place thereof a new paragraph comprised of the following two sentences:  "Furthermore, the rules governing the authority of LSPs, found at G. L. c. 21A, §§ 19-19J, establish that LSPs are workers licensed by the government whose role is to advise and guide the cleanup efforts of RPs.  Thus, in this case, the actions of the LSPs do nothing to limit penalties based on the strict liability of the defendants." 75
74 1117 Subsequent to the publication of bound volume 74, the Appeals Court revised the following decision pursuant to Rule 1:28:
Commonwealth vs. Brisbon, 74 Mass. App. Ct. 1117 (2009).  See 79 Mass. App. Ct. 1125 (2011).
78
76 80 Subsequent to the publication of bound volume 76, the Supreme Judicial Court granted further appellate review, 460 Mass. 1111 (2011), in the case of Commonwealth v. Johnson, 76 Mass. App. Ct. 80 (2010). 78
78 1123 Subsequent to the publication of bound volume 78, the Supreme Judicial Court granted further appellate review, 460 Mass. 1116 (2011), in the case of Commonwealth v. Scott, 78 Mass. App. Ct. 1123 (2011). 79
78 644 In caption of case, for defendant's middle initial "S." read "E." 80
79 724 Subsequent to the publication of bound volume 79, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Ramsey, 79 Mass. App. Ct. 724 (2011).  See 463 Mass. 1108 (2012). 81
79 1112 Subsequent to the publication of bound volume 79, the Appeals Court revised the following decision pursuant to Rule 1:28:
Commonwealth vs. Hill, 79 Mass. App. Ct. 1112 (2011).  See 82 Mass. App. Ct. 1115 (2012).
81
80 1103 Subsequent to the publication of bound volume 80, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Richardson, 80 Mass. App. Ct. 1103 (2011).  See 465 Mass. 1105 (2013). 83
81 1118 Subsequent to the publication of bound volume 81, the Supreme Judicial Court granted further appellate review in the case of KGM Custom Homes, Inc. v. Prosky, 81 Mass. App. Ct. 1118 (2012).  See 465 Mass. 1101 (2013). 82
81 1118 Subsequent to the publication of bound volume 81, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Stewart, 81 Mass. App. Ct. 1118 (2012).  See 465 Mass. 1105 (2013). 83
82 1120 Subsequent to the publication of bound volume 82, the Supreme Judicial Court denied further appellate review with regard to Commonwealth v. Pete P., 82 Mass. App. Ct. 1120 (2012), but remanded the case for reconsideration in light of Commonwealth v. Humberto H., 466 Mass. 562 (2013).  On remand, the Appeals Court, in an unpublished order, affirmed the order dismissing the complaint. 86
84 340 Subsequent to the publication of bound volume 84, the Appeals Court withdrew its opinion in J.W. v. Department of Developmental Services, which was published at 84 Mass. App. Ct. 340 (2013).  A new opinion in this case appears at 86 Mass. App. Ct. 374 (2014). 85
85 1125 Subsequent to the publication of bound volume 85, the Appeals Court withdrew its opinion in Commonwealth v. Depiero, 85 Mass. App. Ct. 1125 (2014).  A new opinion in this case appears at 87 Mass. App. Ct. 105 (2015). 86
86 804 Subsequent to the publication of bound volume 86, the Supreme Judicial Court granted further appellate review in the case of Commonwealth v. Crowley-Chester, 86 Mass. App. Ct. 804.  See 474 Mass. 1106 (2016). 88
87   The following statements indicating the grant of further appellate review should have appeared in cases published in volume 87:
Brown v. Office of the Commissioner of Probation, 87 Mass. App. Ct. 729:  Further appellate review granted, 473 Mass. 1104 (2015).
Commonwealth v. Edwards, 87 Mass. App. Ct. 1133:  Further appellate review granted, 473 Mass. 1104 (2015).
Commonwealth v. Gibson, 87 Mass. App. Ct. 829:  Further appellate review granted, 473 Mass. 1104 (2015).
Commonwealth v. Winquist, 87 Mass. App. Ct. 695:  Further appellate review granted, 473 Mass. 1105 (2015).
88
87   The following statements indicating the grant of further appellate review to cases published in volume 87 should read as follows:
Commonwealth v. Teixeira-Furtado, 87 Mass. App. Ct. 1133:  Further appellate review granted, 473 Mass. 1106 (2015).
Cantell v. Commissioner of Correction, 87 Mass. App. Ct. 629:  Further appellate review granted, 473 Mass. 1106 (2015).
Commonwealth v. Maguire, 87 Mass. App. Ct. 55: Further appellate review granted, 473 Mass. 1106 (2015).
Parr v. Rosenthal, 87 Mass. App. Ct. 787:  Further appellate review granted, 473 Mass. 1106 (2015).
Bailey v.
C20., 87 Mass. App. Ct. 1128:  Further appellate review granted, 473 Mass. 1108 (2015). 
88
92 564 5th line of first full paragraph, for "85" read "89" 93
93 378 3d line from top, for "[T]there" read "[T]here"  100

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