ENGLAND v. TASKER

No. 86-330.

129 N.H. 467 (1987)

ALBERT ENGLAND v. ANDREW TASKER

Supreme Court of New Hampshire.

July 10, 1987.


Attorney(s) appearing for the Case

Shea, Mertens, Sager & Sager, of Wolfeboro (Edward J. Mertens and Lorraine R. Sager on the brief, and Mr. Mertens orally), for the plaintiff.

Sullivan, Gregg & Horton P.A., of Nashua (Richard A. Mitchell on the brief and orally), for the defendant.


JOHNSON, J.

This is an appeal from the granting of the defendant's motion for summary judgment by the Trial Court (Nadeau, J.). The case presents a single, novel issue for our review: whether the trial court erred in granting the defendant's motion for summary judgment based upon its application of the so-called "fireman's rule," which provides that neither a fireman nor a policeman can recover in tort when his injuries are caused by the same conduct that required...

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