Legal Opinion

Derby v. Public Service Company

Supreme Court of New Hampshire

Decided December 31, 1955No. 4409PublishedCited by 13 opinions

1Opinion of the CourtBlandin, J.

The main issue is whether the Public Service Company of New Hampshire, a vendor of land, after transfer of title and possession may be liable for injuries sustained by third parties resulting from what could be found to be a dangerous condition of the land existing at the time of transfer. It is undisputed that a grantor who fails to disclose to a vendee a condition involving-unreasonable risk to persons upon the land is liable for harm caused thereby to them after transfer of possession to the grantee, if the latter is unaware of the condition or the risk involved, and the vendor knows of…

2Cases cited2 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. McCabe v. CohenNew York Court of Appeals · 1945

3Cited by13 opinions

  1. Sargent v. RossSupreme Court of New Hampshire · 1973
  2. Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1972
  3. Corson v. Liberty Mutual InsuranceSupreme Court of New Hampshire · 1970
  4. Drop Anchor Realty Trust Charlotte Marshall v. Hartford Fire InsuranceSupreme Court of New Hampshire · 1985
  5. Smith v. MonmaneySupreme Court of Vermont · 1969

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