PORTSMOUTH v. CAMPANELLA & CARDI CONSTRUCTION COMPANY

No. 4463.

100 N.H. 249 (1956)

PORTSMOUTH v. CAMPANELLA & CARDI CONSTRUCTION CO.

Supreme Court of New Hampshire.

Decided July 6, 1956.


Attorney(s) appearing for the Case

Thomas E. Flynn, city solicitor, and John DeCourcy (Mr. DeCourcy orally), for the plaintiff.

McCabe & Fisher and Harold D. Moran (Mr. Moran orally), for the defendant.


DUNCAN, J.

The major issue presented by the briefs of the parties is whether the expenses attributable to extinguishment of the brush fires in question by the regular firemen and equipment of an organized city fire department are "expenses" which the city is entitled to recover under the statute. RSA 224:28. The Trial Court denied the plaintiff's request for a ruling that the defendant's failure to obtain permits made it liable, and ruled that the statutory liability...

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