Dempster v. Grafton County
| Decision Date | 05 May 1936 |
| Citation | Dempster v. Grafton County, 88 N.H. 472, 184 A. 866 (N.H. 1936) |
| Parties | DEMPSTER v. GRAFTON COUNTY. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Grafton County; James, Judge.
Action by George Dempster against Grafton County.
Case transferred on plaintiff's exception to an order sustaining a demurrer to the declaration.
Exception overruled.
Action for negligence for personal injuries incurred by a prisoner at the defendant's house of correction.He was hurt while doing some required work under the direction of the superintendent of the house by a defective staging which the defendant furnished.
The court(James, J.) transferred the plaintiff's exception to an order sustaining a demurrer to the declaration.
John J. Moke, of Littleton, for plaintiff.Norris Cotton, of Lebanon, for defendant.
The case of O'Brien v. Rockingham County, 80 N.H. 522, 523, 120 A. 254, is decisive against the plaintiff.It held that counties are not liable for defaults in the exercise of public governmental functions without statutory provision therefor.And the principle of exemption of towns from liability under similar defaults in governmental maintenance, as declared in Doolittle v. Town of Walpole, 67 N.H. 554, 38 A. 19, andGates v. Town of Milan, 76 N.H. 135, 80 A. 39, 35 L.R.A.(N.S.) 599, was invoked.Special reasons suggested in the O'Brien...
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Maryea v. Velardi
...liability for torts arising out of negligence in the performance of governmental functions" extends to counties); Dempster v. County, 88 N.H. 472, 473, 184 A. 866 (1936). Here, neither party distinguishes between counties and municipalities for the purposes of discretionary function immunit......
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Trepanier v. Mercantile Ins. Co. of Am.
... ... May 5, 1936 ... 184 A. 867 ... Transferred from Superior Court, Belknap County; Burque, Judge ... Action by Louise Trepanier against the Mercantile Insurance ... ...
- Dempster v. Grafton County