Fournier v. Berlin

Plaintiff’s counsel do not challenge the established doctrine that a municipal corporation is ordinarily immune from liability for injuries caused by the negligent performance of a governmental duty. Gilman v. Concord, 89 N. H. 182, 184, and cases cited. They contend, however, that the Sweden Street project was essentially a corporate rather than a governmental enterprise, since free labor and payment by the Federal Government to workmen who would otherwise have been on the city’s relief rolls must have induced the undertaking. They also argue that the city in quarrying and transporting the…