Stevens v. Manchester

“The use of the water from the hydrants is a public use, enjoyed in common by the people, and from which the city in its corporate capacity receives no special advantage; and, in the absence of a statute giving the action, the defendants cannot be made liable for a neglect of duty in respect to such public use.” Edgerly v. Concord, 62 N. H. 8, 22, and cases cited. The limitations of municipal liabilities have been discussed in many cases since Edgerly v. Concord was decided in 1882. In none of these cases is there any question made of the soundness of the proposition above quoted. It has…