(Download) "Rita v. Merrill v. City Manchester. Albert" by Court of Appeals of New York # Book PDF Kindle ePub Free

June 08, 2021

eBook details

Title: Rita v. Merrill v. City Manchester. Albert
Author : Court of Appeals of New York
Release Date : January 29, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

Actions by Albert and Rita Merrill, husband and wife, for damages resulting from a fall by Rita on July 2, 1970, caused by a defect in a sidewalk alleged to be attributable, at least in part, to the negligence of employees of the city of Manchester. Consolidated therewith was an action by Alice E. Elhady for damages sustained on August 20, 1970, when she was thrown about in the interior of an automobile in which she was a passenger when the car came in contact with a large hole in a public street, which defect was also allegedly attributable, at least in part, to the negligence of employees of the city. The city filed motions to dismiss these actions as a matter of law on the ground that these occurrences resulted from a governmental function for which there is no liability. The motions were granted by Loughlin, J., who reserved and transferred plaintiffs exceptions. We are asked by the plaintiffs to reconsider and abolish the existing immunity of a city or town from liability for such accidents. See Gossler v. Manchester, 107 N.H. 310, 221 A.2d 242 (1966).