62 A. 597 | N.H. | 1905
In repairing the highway under the direction of the selectmen (Laws 1897, c. 67, s. 1), the highway agent was a public officer, for whose negligent acts in the performance of his duty the town is not liable. O'Brien v. Perry, ante, p. 198; Hall v. Concord,
The principle under which a town may be liable for an injury to private property rights by an abuse of its possessory right in the highway — permitting an unreasonable use of the land to the injury of another (Clair v. Manchester,
Exception overruled.
All concurred. *431