Shea v. Manchester

Counsel for the defendant concede that the city of Manchester in furnishing water to its inhabitants at established rates acts in a private, proprietary capacity and may therefore be held liable for an injury caused by the negligent maintenance of its water system. See Douglas v. Hollis, 86 N. H. 578, 580, and cases cited. The accident occurred on the afternoon of June 5, 1936, and the cap over which the plaintiff fell had worked up some three inches above the level of the sidewalk through the action of the frost that spring.

Since this situation was created by weather conditions and since…