Bolduc v. Herbert Schneider Corp.

Plaintiff’s minor son died of injuries he sustained on January 17, 1974, when he fell from defendant’s passenger tramway located at the Mt. Cranmore ski area in North Conway, New Hampshire. Prior to trial, Douglas, J., dismissed Counts III and IV of the plaintiff’s complaint which sought recovery based upon the theories of implied warranty and strict liability in tort. Plaintiff’s exception was reserved and transferred to this court.

In 1965 the legislature added to the Passenger Tramway Safety Act, RSA ch. 225-A, a section entitled “Limitations” which states in relevant part: “Unless an…