Piasecny Ex Rel. Piasecny v. Manchester

Although the decisions in other jurisdictions are not harmonious, the law limiting the liability of municipalities for tort is well settled in this state. “In the absence of a statute creating the liability, no action can be maintained against a municipal corporation for an injury arising from the neglect of a public corporate duty, from the performance of which the corporation receives no special benefit, pecuniary or otherwise.” Clark v. Manchester, 62 N. H. 577; Edgerly v. Concord, 62 N. H. 8; Rhobidas v. Concord, 70 N. H. 90, 107; O’Brien v. Derry, 73 N. H. 198; Gates v. Milan, 76 N. H.…