Fox v. Manchester

Since in maintaining its streets a city is engaged in the performance of a governmental duty, it is not liable at common law to a highway laborer injured while in its employ. O’Brien v. Derry, 73 N. H. 198; Gates v. Milan, 76 N. H. 135. The workmen’s compensation act (P. L., c. 178) presupposes the existence of the common-law incidents of master and servant in those employments within its scope. Consequently a city by accepting the provisions of the act does not make itself subject thereto except in respect to those duties which it performs in a private corporate capacity.

It is stated in the…