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DERBY v. PUBLIC SERVICE COMPANY

No. 4409.

100 N.H. 53 (1955)

NORMA J. DERBY & a. v. THE PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. SAME v. BOWMAN FLYING SERVICE, INC. SAME v. SWANZEY.

Supreme Court of New Hampshire.

Decided December 31, 1955.

Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown and Howard B. Lane (Mr. Brown orally), for the plaintiffs.

Sulloway, Jones, Hollis & Godfrey and Joseph S. Ransmeier and Irving H. Soden and Faulkner, Plaut & Hanna (Mr. Ransmeier and Mr. Soden orally), for the defendant Public Service Company of New Hampshire.

Wyman, Starr, Booth, Wadleigh & Langdell and Homer S. Bradley (Mr. Booth orally), for the defendant town of Swanzey.

Sheehan, Phinney & Bass and Harry C. Lichman (Mr. Sheehan orally), for the defendant Bowman Flying Service, Inc.

BLANDIN, J.

The main issue is whether the Public Service Company of New Hampshire, a vendor of land, after transfer of title and possession may be liable for injuries sustained by third parties resulting from what could be found to be a dangerous condition of the land existing at the time of transfer. It is undisputed that a grantor who fails to disclose to a vendee a condition involving unreasonable risk to persons upon the...

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