SHEA v. PORTSMOUTH

No. 4147.

98 N.H. 22 (1953)

JOHN J. SHEA, by his conservator, MARION H. SHEA v. PORTSMOUTH.

Supreme Court of New Hampshire.

January 6, 1953.


Attorney(s) appearing for the Case

Hughes & Burns and Donald R. Bryant (Mr. Bryant orally), for the plaintiff.

Thomas J. Flynn Jr., city solicitor and Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the defendant.


GOODNOW, J.

The first count of the plaintiff's declaration is one for negligence. In it the plaintiff states that on December 23, 1947, he slipped and fell on the public sidewalk of Court Street in Portsmouth because of ice which had formed there as a result of water escaping from a hydrant and from a fire hose which had been attached to the hydrant on the previous day. The claim is based on the negligent use and maintenance...

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