Wadleigh v. City of Manchester
| Decision Date | 06 July 1956 |
| Citation | 100 N.H. 277,123 A.2d 831 |
| Court | New Hampshire Supreme Court |
| Parties | Sylvia L. WADLEIGH v. CITY OF MANCHESTER. |
Sheehan, Phinney & Bass and Frederick W. Branch, Manchester, for plaintiff.
J. Francis Roche, City Solicitor, Manchester, for defendant.
The issues raised by the transferred questions are concerned with the liability of a municipality for damages to property adjoining a public street caused by concussion and vibration from blasting operations conducted by the municipality within the limits of the street 'for the purpose of installing curbings'.
It does not appear from the record before us whether the construction of curbings was a public, governmental undertaking on the part of the defendant or one which was performed by it in its private, corporate capacity. In either event, however, it would be liable in this case on the count alleging negligence if the concussion and vibration causing the damage resulted from blasting which was negligently done. A municipality acts in a governmental capacity in the construction and maintenance of its highways and is ordinarily immune from liability for injuries caused by the negligent performance of such work. Fournier v. City of Berlin, 92 N.H. 142, 144, 26 A.2d 366, 140 A.L.R. 1054. An exception to this immunity exists, however, if the municipality, by the use of land which it holds only for public governmental purposes, such as a highway, negligently invades an adjoining owner's property rights. O'Brien v. Rockingham County, 80 N.H. 522, 526, 120 A. 254. 'For negligence in highway construction and maintenance within their borders municipalities are liable for resulting damage to neighboring property.' Gilman v. Concord, 89 N.H. 182, 185, 195 A. 672, 674. The damages paid to or the release given by the owner of land when a public highway is laid out includes 'damages arising from its proper construction and maintenance, but not from negligent or unreasonable construction and maintenance'. Hood v. City of Nashua, 91 N.H. 98, 101, 13 A.2d 726, 728.
A municipality may also perform acts as a private corporation, such as those which are 'corporate or proprietary in nature', Kardulas v. City of Dover, 99 N.H. 359, 360, 111 A.2d 327, 328, or 'for the local accommodation and convenience', Roberts v. Dover, 72 N.H. 147, 154, 55 A. 895, 899, in which case, its liability for damages is tested by the principles applicable to private corporations. Gates v. Town of Milan, 76 N.H. 135, 136, 80 A. 39, 35 L.R.A.,N.S., 599. If, as suggested by the fact that 'the curbing was purchased by the abutters and installed by the City of Manchester, without charge', the blasting in question was being performed by the defendant in its private capacity, it is liable for damages resulting from its negligent conduct of that work. Resnick v. City of Manchester, 99 N.H. 436,...
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Dyer v. Maine Drilling & Blasting, Inc.
...liability, with the exception of New Hampshire, which has retained negligence liability for blasting damages. See Wadleigh v. Manchester, 100 N.H. 277, 123 A.2d 831, 833 (1956). [¶ 22] Massachusetts was one of the first states to adopt the concept, and has consistently applied strict liabil......
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Merrill v. City of Manchester
...by the same principles applied to private corporations. Gates v. Milan, 76 N.H. 135, 136, 80 A. 39, 40 (1911); Wadleigh v. Manchester, 100 N.H. 277, 278, 123 A.2d 831, 832 (1956). Furthermore, municipalities are presently and have been for a long time held liable by courts for negligently i......
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...seen fit to change it.' King v. Blue Mountain Forest Association, 100 N.H. 212, 216, 123 A.2d 151, 155 (1956); Wadleigh v. Manchester, 100 N.H. 277, 279, 123 A.2d 831, 833 (1956). Plaintiffs maintain, however, that the rule of strict liability adopted in Buttrick v. Arthur Lessard & Sons, I......
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...147, 55 A. 895 (1903). Nor is this a case where a municipality invades an adjoining landowner's property rights. Wadleigh v. Manchester, 100 N.H. 277, 123 A.2d 831 (1956). To plaintiffs' argument that they purchased their properties in reliance on the zoning ordinances and in the belief tha......