Gross v. Portsmouth
Supreme Court of New Hampshire
Case. To the plaintiff’s declaration,— setting forth that the defendants, a municipal corporation, are the owners of a system of water-works, and by pipes laid in the ground conduct water to the dwellings of residents in the city for which they receive compensation, that in laying the pipes in 1894, on Market street, their servants so carelessly and negligently filled the trenches in which the pipes were laid as to form a ridge in the street, making the highway defective and…
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Case. To the plaintiff’s declaration,— setting forth that the defendants, a municipal corporation, are the owners of a system of water-works, and by pipes laid in the ground conduct water to the dwellings of residents in the city for which they receive compensation, that in laying the pipes in 1894, on Market street, their servants so carelessly and negligently filled the trenches in which the pipes were laid as to form a ridge in the street, making the highway defective and dangerous, and that the plaintiff, while driving on the street, by reason of the ridge, was thrown from her carriage…
1Opinion of the CourtCarpenter, J.
Unless the defendants are liable at common law the demurrer must be sustained. Laws 1893, e. 59.
Judicial notice may be taken of the act (Laws 1891, c. 209) authorizing the defendants “ to issue water bonds, and to manage and control its water supply.” Hall v. Brown, 58 N. H. 93, 95, 96. By its provisions the “ immediate management and direction of the water-works ” are vested in a board of water commissioners consisting of four persons, of whom the mayor 'for the time being is ex officio one. The three other members of the board (one of them to hold the office three years, one four years, and…
2Cases cited6 opinions
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Smith v. . City of RochesterNew York Court of Appeals · 1879
- Lemon v. City of NewtonMassachusetts Supreme Judicial Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shelton v. City of Los AngelesCalifornia Supreme Court · 1929
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- City of Hogansville v. Farrell Heating & Plumbing Co.Supreme Court of Georgia · 1926
- Felch v. WeareSupreme Court of New Hampshire · 1899