Dempster v. County of Grafton
Dempster v. County of Grafton
184 A. 866; 88 N.H. 472; 1936 N.H. LEXIS 71
Dempster v. County of Grafton
Opinion of the Court
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.