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TRULL v. TOWN OF CONWAY

No. 94-869.

140 N.H. 579 (1995)

DAVID TRULL & a. v. TOWN OF CONWAY & a.

Supreme Court of New Hampshire.

December 28, 1995.

Attorney(s) appearing for the Case

Cooper, Deans & Cargill, P.A., of North Conway (Randall F. Cooper on the brief and orally), for the plaintiffs.

Cleveland, Waters and Bass, P.A., of Concord (Craig L. Staples and Thomas F. Kehr on the brief, and Mr. Kehr orally), for defendant Town of Conway.

Jeffrey R. Howard, attorney general (Mark P. Hodgdon, assistant attorney general, on the brief), for defendant State of New Hampshire Department of Transportation.

BROCK, C.J.

The defendant, the Town of Conway (town), brings this interlocutory appeal from an order of the Superior Court (O'Neill, J.) denying its motion to dismiss. See SUP. CT. R. 8. We reverse and remand.

The following questions have been transferred to us:

I. Whether, as a matter of law, a municipal police officer possesses any legal duty to warn of icy conditions on a state roadway? See Hartman v. Town of Hooksett,

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