Mildred M. Gossler & A. v. Manchester

These are actions in case for personal injuries brought by Mildred M. Gossler against the city of Manchester, arising out of injuries sustained when she fell on a city sidewalk. Her husband Harry A. Gossler brings an action for consequential damages.

The defendant filed a motion to dismiss both actions as a matter of law on the grounds that maintenance of a highway is a governmental function on its part in the performance of which there can be no liability. The motions were granted and all questions of law raised thereby were reserved and transferred by Grimes, J.

The plaintiff concedes that…