GOSSLER v. MANCHESTER

No. 5470.

107 N.H. 310 (1966)

MILDRED M. GOSSLER & a. v. MANCHESTER.

Supreme Court of New Hampshire.

Decided July 15, 1966.


Attorney(s) appearing for the Case

King, Nixon & Christy (Mr. David L. Nixon orally), for the plaintiffs.

J. Francis Roche, city solicitor (by brief and orally), for the defendant.

Sulloway, Hollis, Godfrey & Soden and Martin L. Gross (Mr. Gross orally), for Edith Boisvert, amicus curiae.


WHEELER, J.

These are actions in case for personal injuries brought by Mildred M. Gossler against the city of Manchester, arising out of injuries sustained when she fell on a city sidewalk. Her husband Harry A. Gossler brings an action for consequential damages.

The defendant filed a motion to dismiss both actions as a matter of law on the grounds that maintenance of a highway is a governmental function on its part in the performance of which there can be...

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