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FILIP v. GAGNE

No. 4959.

104 N.H. 14 (1962)

EDWARD FILIP v. CESARIE GAGNE. EDWARD FILIP v. M. CLAIRE GAGNE, Conservator of the estate of Cesarie Gagne.

Supreme Court of New Hampshire.

Decided January 29, 1962.

Attorney(s) appearing for the Case

Broderick, Manning & Sullivan (Mr. Manning orally), for the plaintiff.

Osgood & Osgood, Craig & Craig and Arthur J. Costakis (Mr. Costakis orally), for the defendants.

KENISON, C. J.

The issues in this case are whether a plaintiff negligently injured by defective premises owned by a person under conservatorship may seek recovery against the conservator, or the ward and satisfy any judgment recovered out of the ward's estate. There is a scarcity of authority in this field and the decisions are in conflict. Prosser, Torts (2d ed. 1955) 792-793; Annot. 40 A.L.R. 2d 1103; 2 Harper &...

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