concurring specially. The dying doctrine of municipal immunity receives resuscitation in this case which continues to employ the illogical and confused governmental-proprietary classification to determine liability. Prosser, Torts 1005 (3d ed. 1964); 2 Harper and James, The Law of Torts, s. 29.6, pp. 1621-1623 (1956). While disagreeing (Gossler v. Manchester, 107 N. H. 310, 315, dissenting opinion), nevertheless I am bound by the majority opinion in this case and in Gossler and concur solely for that reason.
Lampron, J., concurs in this opinion.