Harkinson v. City of Manchester
| Decision Date | 04 April 1939 |
| Citation | 5 A.2d 721 |
| Parties | HARKINSON v. CITY OF MANCHESTER. |
| Court | New Hampshire Supreme Court |
Exceptions from Superior Court, Hillsborough County; Johnston, Judge.
Action on the case by Stewart Harkinson, a minor, by his father and next friend, Ralph E. Harkinson, against the City of Manchester for personal injuries caused by alleged defective condition of a swimming pool owned and maintained by defendant. Defendant's demurrer to the declaration was sustained, and plaintiff brings an exception.
Exception overruled.
Case for personal injuries resulting to the plaintiff from an alleged defective condition of a swimming pool owned and maintained by the defendant. The defendant's demurrer to the declaration was sustained by Johnston, J., and the plaintiff excepted.
Doyle & Doyle and Paul J. Doyle, all of Manchester, for plaintiff.
William H. Craig, O'Connor & Saidel, and D. Frederick O'Connor, all of Manchester, for defendant.
This case is governed by the rule stated in Piasecny v. Manchester, 82 N.H. 458, 136 A. 357. Whether contemporary expansions of the field of governmental activities demand a corresponding expansion of the scope of municipal liability for the manner of performing public duties, is a matter for legislative rather than judicial determination.
Exception overruled.
To continue reading
Request your trial
-
Felton v. City of Great Falls
... ... 387, 114 N.E. 722, L.R.A.1917B, 1285; ... Curran v. Boston, 1890, 151 Mass. 505, 24 N.E. 781, ... 8 L.R.A. 243, 21 Am.St.Rep. 465; Harkinson v. City of ... Manchester, 1939, 90 N.H. 554, 5 A.2d 721; City of ... Evansville v. Blue, 1937, 212 Ind. [118 Mont. 589] 130, ... 8 N.E.2d 224; ... ...
-
City of Dover v. Imperial Cas. & Indem. Co.
...... was a matter for legislative rather than judicial determination." Id. at 315, 221 A.2d at 245 (citing Harkinson v. City of Manchester, 90 N.H. 554, 5 A.2d 721 (1939)). This position was re-enforced the following year when then Chief Justice Kenison, while acknowledging his "dim view of ......
-
Thomas v. Potomac Electric Power Company
...84 P.2d 845; Massachusetts, Bolster v. City of Lawrence, 225 Mass. 387, 114 N.E. 722, L.R.A.1917B, 1285; New Hampshire, Harkinson v. City of Manchester, 90 N. H. 554, 5 A.2d 721; and Tennessee, Vaughn v. City of Alcoa, 194 Tenn. 449, 251 S.W.2d In the light of the preceding discussion conce......
-
Boucouvalas v. John Hancock Mut. Life Ins. Co.
... ... Arthur B. Hayden, Ralph A. Ashton, and Osgood & Osgood, all of Manchester, for plaintiff ... Wyman, Starr, Booth, Wadleigh & Langdell, of Manchester (Robert ... ...