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.