MITTERSILL SKI LIFT CORP. v. STATE

No. 5164.

105 N.H. 219 (1963)

MITTERSILL SKI LIFT CORPORATION v. STATE.

Supreme Court of New Hampshire.

Decided December 30, 1963.


Attorney(s) appearing for the Case

Wyman, Bean & Tefft and Francis B. McCaffrey (Mr. McCaffrey orally), for the plaintiff.

William Maynard, Attorney General, and Frederic T. Greenhalge, Assistant Attorney General (Mr. Greenhalge orally), for the State.


LAMPRON, J.

RSA 491:8 provides that "the superior court shall have jurisdiction to enter judgment against the state of New Hampshire founded upon any express or implied contract with the state."

The Trial Court found "that there was an express — or at least — an implied contractual obligation upon the State to use due care in its operation of the plaintiff's equipment of which it was a bailee for hire and an obligation to return said equipment...

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