Opinion
No. 3018.
Decided April 4, 1939.
CASE, for personal injuries resulting to the plaintiff from an alleged defective condition of a swimming pool owned and maintained by the defendant. The defendant's demurrer to the declaration was sustained by Johnston, J. and the plaintiff excepted.
Doyle Doyle (Mr. Paul J. Doyle orally), for the plaintiff.
William H. Craig and O'Connor Saidel (Mr. D. Frederick O'Connor orally), for the defendant.
This case is governed by the rule stated in Piasecny v. Manchester, 82 N.H. 458. Whether contemporary expansions of the field of governmental activities demand a corresponding expansion of the scope of municipal liability for the manner of performing public duties, is a matter for legislative rather than judicial determination.
Exception overruled.