Rhobidas v. Concord
Supreme Court of New Hampshire
Case, for personal injuries, alleged to have been caused by the defendants’ negligence while the plaintiff was employed as a servant in their water-works department.
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Case, for personal injuries, alleged to have been caused by the defendants’ negligence while the plaintiff was employed as a servant in their water-works department. The defendants pleaded specially that they are a municipal corporation maintaining the-water-works solely for fire purpose and for the benefit of their citizens, without profit to the city; that by virtue of an ordinance of the city, passed under authority of an act of the legislature, the sole control and management of the water-works is vested in a board of commissioners whom the city cannot direct or control in the discharge…
1Opinion of the Court
The plaintiff's demurrer raises the question whether there is in this state any common-law liability of a municipal corporation; and if there is, whether it exists in the class to which the present case belongs.
While it is the law of this jurisdiction that towns are to a certain extent a part of the state, and therefore not suable at common law, no case has gone so far as to hold that this rule applies to all cases. There are some expressions in Wooster v. Plymouth,62 N.H. 193, which might, taken alone, bear such interpretation; but that this is not their meaning is apparent from the fact…
2Cases cited42 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Buch v. Amory Manufacturing Co.Supreme Court of New Hampshire · 1897
- Wooster v. PlymouthSupreme Court of New Hampshire · 1882
37 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sousa v. StateSupreme Court of New Hampshire · 1975
- City of Dover v. Imperial Casualty & Indemnity Co.Supreme Court of New Hampshire · 1990
- Saulman v. Mayor of NashvilleTennessee Supreme Court · 1914
- Ballard v. City of TampaSupreme Court of Florida · 1936
- Coleman v. La GrandeOregon Supreme Court · 1914
14 more not listed; retrieve them via the Exa API.