From Casetext: Smarter Legal Research

Harkinson v. Manchester

Supreme Court of New Hampshire Hillsborough
Apr 4, 1939
5 A.2d 721 (N.H. 1939)

Opinion

No. 3018.

Decided April 4, 1939.

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 (Mr. Paul J. Doyle orally), for the plaintiff.

William H. Craig and O'Connor Saidel (Mr. D. Frederick O'Connor orally), for the defendant.


This case is governed by the rule stated in Piasecny v. Manchester, 82 N.H. 458. 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.


Summaries of

Harkinson v. Manchester

Supreme Court of New Hampshire Hillsborough
Apr 4, 1939
5 A.2d 721 (N.H. 1939)
Case details for

Harkinson v. Manchester

Case Details

Full title:STEWART HARKINSON, by his father and next friend v. MANCHESTER

Court:Supreme Court of New Hampshire Hillsborough

Date published: Apr 4, 1939

Citations

5 A.2d 721 (N.H. 1939)
5 A.2d 721

Citing Cases

McGrath v. Manchester

It is established in this jurisdiction that the control of fires is a governmental function (Reynolds v.…

Levesque v. Levesque

Rines v. Rines, supra; Villaret v. Villaret, 169 F.2d 677; Luster v. Luster, supra; Cf. Cushman v. Grafton,…