Opinion

Smith v. Commonwealth

  • 347 Mass. 453
  • 198 N.E.2d 420
Court
Massachusetts Supreme Judicial Court
Filed
May 7, 1964
Status
Published
Author
Cutter
On the bench
Cutter, Kirk
Cited by
15 cases

The opinion

Cutter, J.

(concurring). I concur in the result because it does not appear to me that, either in St. 1895, c. 488, § 10, or in Gi. L. c. 92, § 15, the Legislature has sufficiently indicated any intention to allow recovery against the Commonwealth in circumstances such as here appear. I see, however, in the statutory language no express legislative reservation of immunity from liability, although such immunity may be the consequence of the failure of the 1895 statute to be more explicit.

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