Clark v. Manchester
Supreme Court of New Hampshire
Case, for injuries resulting in the death of the plaintiff’s intestate. Plea, the general issue. The plaintiff offered to prove the following facts: In 1863 the defendant city, established a reservoir of water for public use in extinguishing fires. The reservoir was on land of the defendant, bounded easterly and northerly by public streets, and enclosed by a substantial fence.
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Case, for injuries resulting in the death of the plaintiff’s intestate. Plea, the general issue. The plaintiff offered to prove the following facts: In 1863 the defendant city, established a reservoir of water for public use in extinguishing fires. The reservoir was on land of the defendant, bounded easterly and northerly by public streets, and enclosed by a substantial fence. The defendant maintained the reservoir in this way until the latter part of 1878, when it was abandoned, and the city began filling the excavation with earth, that the land might be put to more valuable purposes. To…
1Opinion of the Court
In the absence of a statute creating the liability, no action can be maintained against a municipal corporation for an injury arising from the neglect of a public corporate duty, from the performance of which the corporation receives no special benefit, pecuniary or otherwise. Edgerly v. Concord, 8 ante. But when the neglect is not of a public but of a private duty, and is in respect to the care and management of property from which a pecuniary or other special advantage is received by the corporation, it is liable for an injury arising from the neglect in the same manner that individuals…
2Cases cited6 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Beck v. . CarterNew York Court of Appeals · 1877
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Pierce v. WhitcombSupreme Court of Vermont · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ouellette v. BlanchardSupreme Court of New Hampshire · 1976
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Estate of Gordon-Couture v. BrownSupreme Court of New Hampshire · 2005
- Marcotte v. Timberlane/Hampstead School DistrictSupreme Court of New Hampshire · 1999
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
8 more not listed; retrieve them via the Exa API.