Gilman v. Concord

The inquiry relates to a municipality’s liability for the wrongful conduct of its agents and servants in carrying out its undertakings. The city was engaged in the performance of a public, governmental function. By the statute then in force (P. L., c. 190, s. 1) gypsy and brown-tail moths, and their eggs, caterpillars, pupae and nests were declared to be public nuisances. Within certain areas inclusive of highway locations municipalities were required to destroy the nuisance as an imposed duty. Ib., s. 3. By another statute (P. L., c. 42, s. 4, xxv) a town, and hence a city (P. L., c. 54, s.…