Massachusetts Supreme Judicial Court October 26, 1938 (Klem v. Commonwealth)

Cox, J.

This is a petition, described in the petitioners’ bill of exceptions as one “for the assessment of damages” for an alleged diversion on and after September 15, 1935, *341of water from two wells and a brook, which, it is contended, was caused by the construction by the Metropolitan District Water Supply Commission of a tunnel "in conjunction with other work done for the purpose of securing