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SMITH v. COMMONWEALTH

347 Mass. 453 (1964)

198 N.E.2d 420

ANNE F. SMITH, administratrix, vs. COMMONWEALTH & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

May 7, 1964.

Attorney(s) appearing for the Case

Robert A. Shea for the petitioner.

Samuel W. Gaffer, Assistant Attorney General, for the respondents.

Present: WILKINS, C.J., CUTTER, KIRK, SPIEGEL, & REARDON, JJ.

KIRK, J.

These two petitions are brought to recover compensation for personal injuries and for damage to personal property allegedly caused by the bursting in Somerville on July 26, 1957, of a water main which was constructed and controlled by the respondent Metropolitan District Commission (the M.D.C.), an agency of the Commonwealth. The first petition, originally brought by John M. Smith, since deceased, is now prosecuted...

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