Legal Opinion

Roy v. Hampton

Supreme Court of New Hampshire

Decided March 7, 1967No. 5511PublishedCited by 4 opinions

1Opinion of the CourtKenison, C.J.

At common law there is no municipal liability for damage to personal property caused by mobs and rioters in the absence of statute abrogating governmental immunity. Chadbourne v. Newcastle, 48 N. H. 196, 199; Goldman v. Forcier, 68 R. I. 291. See Hermer v. Dover, 106 N. H. 534; Gossler v. Manchester, 107 N. H. 310. As early as 1854 New Hampshire passed “ an act making cities and towns liable for damages caused by mobs or riots. ” Laws 1854, c. 1519. The law in its present form provides for the town’s liability in the following language: RSA “31:53 Town’s liability. If persons, unlawfully,…

2Cases cited2 opinions

  1. Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867
  2. Feinstein v. City of New YorkCity of New York Municipal Court · 1935

3Cited by4 opinions

  1. A & B AUTO STORES v. City of NewarkNew Jersey Superior Court Appellate Division · 1969
  2. Wong v. City of MiamiDistrict Court of Appeal of Florida · 1969
  3. City of Newark v. County of EssexSupreme Court of New Jersey · 1979
  4. City of Newark v. County of EssexSupreme Court of New Jersey · 1979

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