Legal Opinion
Barrett v. New England Telephone & Telegraph Co.
Supreme Court of New Hampshire
Decided April 4, 1922PublishedCited by 18 opinions
1Opinion of the CourtPeaslee, J.
The plaintiff’s declaration sets out a contract with the defendant and alleges a negligent failure to perform the same. That no action sounding in tort can be maintained for such a fault is the settled law of this jurisdiction. Dustin v. Curtis, 74 N. H. 266; Petroski v. Mulvanity, 78 N- H. 252. But the case has been argued upon the theory that something more than a mere breach of an ordinary private agreement was involved, and as the defect in the declaration is curable by amendment the question whether upon the evidence the plaintiff could go to the jury upon any theory of liability has…
2Cases cited19 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lawton v. Great Southwest Fire InsuranceSupreme Court of New Hampshire · 1978
- Dcpb, Inc. v. City of Lebanon, Dcpb, Inc. v. City of LebanonCourt of Appeals for the First Circuit · 1992
- Hamilton v. Empire Gas & Fuel Co.Court of Appeals for the Eighth Circuit · 1924
- Fuchs v. Parsons Construction CompanyNebraska Supreme Court · 1958
- PK's Landscaping, Inc. v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1986
13 more not listed; retrieve them via the Exa API.