Supreme Court of New Hampshire, 1936

Dempster v. County of Grafton

Dempster v. County of Grafton
Supreme Court of New Hampshire · Decided May 5, 1936 · Per Curiam.
184 A. 866; 88 N.H. 472; 1936 N.H. LEXIS 71

Dempster v. County of Grafton

Opinion of the Court

*473 Per Curiam.

The case of O’Brien v. County, 80 N. H. 522, is decisive against the plaintiff. It held that counties are not hable 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. Walpole, 67 N. H. 554, and Gates v. Milan, 76 N. H. 135, was invoked. Special reasons suggested in the O’Brien case as possibly confirming the result did not take it out of the application of the general rule. '

Exception overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.