# Smith v. Commonwealth

> Massachusetts Supreme Judicial Court · May 7, 1964 · 347 Mass. 453

URL: https://www.frixlaw.com/law-library/cases/6447535

## Case

- **Full name:** Anne F. Smith, administratrix v. Commonwealth & another (and a companion case)
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** May 7, 1964
- **Citations:** 347 Mass. 453; 198 N.E.2d 420
- **Precedential status:** Published
- **Opinion:** Concurrence by Cutter
- **Judges:** Cutter, Kirk
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6447535

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6447535. Public record. Not legal advice.