Hall v. Concord
Supreme Court of New Hampshire
Case, for negligence. Transferred from tbe April term, 1901, of tbe superior court by Peaslee, J. Tbe plaintiff’s counsel made tbe following opening statement: “ This is an action on tbe case for negligently operating a steamroller, thereby frightening tbe plaintiff’s horses and causing them to run away, and inflicting the injuries complained of.
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Case, for negligence. Transferred from tbe April term, 1901, of tbe superior court by Peaslee, J. Tbe plaintiff’s counsel made tbe following opening statement: “ This is an action on tbe case for negligently operating a steamroller, thereby frightening tbe plaintiff’s horses and causing them to run away, and inflicting the injuries complained of. “Tbe defendant is a municipal corporation, chartered by the legislature in 1849. Laws 1849, c. 835. By sectiom 14 of tbe chapter, all tbe powers of the inhabitants as a municipal corporation are vested in tbe city council, consisting of the mayor,…
1Opinion of the CourtBlodgett, C. J.
The defendants’ only duty in respect of the highway upon which the plaintiff was injured while in the exercise of the public right of using it, was the statutory one to maintain it in suitable repair, and this duty it is conceded they properly performed. The sole ground of complaint is the careless operation of the defendants’ steam-roller by workmen engaged in macadamizing the highway at the time of the plaintiff’s injury, and who were presumably employed by the commissioner of highways.
Assuming that “a municipal corporation is liable at common law for injuries to private rights resulting…
2Cases cited2 opinions
- Colwell v. City of WaterburySupreme Court of Connecticut · 1902
- Goud v. City of PortlandSupreme Judicial Court of Maine · 1902
3Cited by9 opinions
- Wilson v. City of LaramieWyoming Supreme Court · 1948
- Lucier v. ManchesterSupreme Court of New Hampshire · 1922
- Looney v. City of Sioux CitySupreme Court of Iowa · 1914
- Hoek v. Township of AllendaleMichigan Supreme Court · 1910
- Gilman v. ConcordSupreme Court of New Hampshire · 1937
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