Wakefield v. Newport
Supreme Court of New Hampshire
Case, for injuries from the falling of a flag-staff in a public highway, reported in 60 N. H. 374. The amended declaration alleged, and the' evidence tended to show, that the plaintiff, while travelling in a highway in Newport, was injured by the negligence of persons employed by the defendants’ selectmen in the removal of a flag-staff which stood near the highway, and which, by decay, had become dangerous to travellers.
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Case, for injuries from the falling of a flag-staff in a public highway, reported in 60 N. H. 374. The amended declaration alleged, and the' evidence tended to show, that the plaintiff, while travelling in a highway in Newport, was injured by the negligence of persons employed by the defendants’ selectmen in the removal of a flag-staff which stood near the highway, and which, by decay, had become dangerous to travellers. The court ordered a nonsuit, and the plaintiff excepted.
1Opinion of the CourtSmith, J.
A town is not liable to a traveller injured by the negligence of a highway surveyor engaged in repairing a highway. Fardy v. Keene, 52 N. H. 370. He is not the agent of the town, but a public officer. Selectmen, though elected by towns, are public officers, whom towns cannot dismiss nor control in the discharge of their official duties. Their duties are prescribed by law, and not by the town. If, as claimed by the plaintiff, it was the duty of the selectmen, charged with the management of “ the prudential affairs of the town ” (G. L., e. 40, s. 2), to remove the flag-staff because it had from…
2Cases cited7 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Blake v. . FerrisNew York Court of Appeals · 1851
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
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3Cited by5 opinions
- Gilman v. ConcordSupreme Court of New Hampshire · 1937
- Downes v. HopkintonSupreme Court of New Hampshire · 1893
- Doolittle v. WalpoleSupreme Court of New Hampshire · 1893
- Wheeler v. GilsumSupreme Court of New Hampshire · 1905
- Felch v. WeareSupreme Court of New Hampshire · 1899