Pinsonneault v. Concord

The liability of towns for damage caused by defective sewers is too well settled to require extended consideration. Roberts v. Dover, 72 N. H. 147, and cases cited; Lockwood v. Dover, 73 N. H. 209; Gates v. Milan, 76 N. H. 135, 136. The rule that there may be a liability in such a case is so firmly established that it cannot be abandoned because it is not logically reconcilable with the decisions as to other phases of municipal liability. O’Brien v. County, ante, 522, and cases cited. The proposition that such liability is based upon the law as to nuisances rather than that relating to…