Category: New Hampshire Court Opinions

620 A.2d 1028 CLAIRE CALIRI, ADMINISTRATRIX OF THE ESTATE OF DALE HOBART v. THE STATE OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION No. 91-340Supreme Court of New Hampshire Rockingham Decided February 12, 1993 1. Trial — Jury Instructions — Particular Cases Court was under no obligation to give jury instructions requested by plaintiff in negligence action, […]

628 A.2d 1069 OPINION OF THE JUSTICES. No. 93-185.Supreme Court of New Hampshire (Limitation on Civil Actions). Request of the Senate. Decided June 1, 1993. 1. Constitutional Law — New Hampshire Constitution — Equal Protection Purpose of State Constitution provision granting each subject of the State recourse to the laws is to make civil remedies […]

587 A.2d 1232 RORY J. BRANNIGAN v. HOWARD R. USITALO a. No. 90-377Supreme Court of New Hampshire Merrimack Decided March 13, 1991 1. Appeal and Error — Prior Review — Stare Decisis Although not binding on a constitutional question, doctrine of stare decisis is compelling when the earlier case: (1) was joined by a strong […]

402 A.2d 155 HAROLD W. WOOD v. GENERAL ELECTRIC COMPANY, ELECTRICAL MUTUAL INSURANCE CO. AND STATE OF N.H. DEPARTMENT OF LABOR No. 78-190Supreme Court of New Hampshire Original Decided May 9, 1979 1. Workmen’s Compensation — Appeal and Review — Award of Labor Commission There is no statutory right of appeal from a commissioner’s award […]

726 A.2d 1270 THE STATE OF NEW HAMPSHIRE v. CARL H. GRAF No. 95-798Supreme Court of New Hampshire Carroll Decided January 15, 1999 Amended April 23, 1999 1. Criminal Law — Compulsory Process — Particular Cases Defendant’s right to provide all favorable proofs was not violated by preclusion of testimony that he was not the […]

872 A.2d 1023 RICHMOND’S CASE. No. LD-2003-001.Supreme Court of New Hampshire Original.Argued: January 12, 2005. Opinion Issued: May 6, 2005. 1. Attorneys — Professional Conduct Rules — Generally Expertise in a specific area of law generally is not required in order to meet the minimum standards for competency under the rule pertaining thereto. N.H.R. PROF. […]

517 A.2d 1189 TALLEY STANLEY, ADMINISTRATRIX OF THE ESTATE OF LEONARD STANLEY v. WILLIAM C. WALSH AND MIDWAY EXCAVATORS, INC. No. 85-557Supreme Court of New Hampshire Strafford Decided October 3, 1986 1. Courts — Decisions — Retroactivity Decisions in Dyer v. Herb Prout Company, Inc., 126 N.H. 763 (1985), and Gagnon v. Crane, 126 N.H. […]

660 A.2d 1127 APRIL SLOANE CHINBURG v. DALE AND ELLEN CHINBURG No. 93-591Supreme Court of New Hampshire Strafford Decided June 14, 1995 1. Court — Supreme Court — Scope of Review Where the time span, context, and consistency of statements offered for admission under the catch-all exception to the hearsay rule were before the trial […]

64 A.2d 697 MAYNARD G. LANGLOIS v. GORDON MALONEY a. No. 3812.Supreme Court of New Hampshire Sullivan. Decided March 1, 1949. A general exception to the verdict as rendered adds nothing to exceptions already taken to the denial of motions for nonsuit and directed verdict which present the issue of the sufficiency of the evidence […]

345 A.2d 906 STATE OF NEW HAMPSHIRE v. PAUL E. LEMIRE SAME v. RANDALL D. THOMPSON SAME v. LEON R. CHASSE SAME v. LIONEL E. POLIQUIN SAME v. STEVEN ACORN No. 7117 No. 7118 No. 7119 No. 7120 No. 7121Supreme Court of New Hampshire Hillsborough Decided September 30, 1975 1. To hold that trial court […]

711 A.2d 878 THE STATE OF NEW HAMPSHIRE v. MICHAEL MONROE No. 96-139Supreme Court of New Hampshire Hillsborough-southern judicial district Decided June 11, 1998 1. Criminal Law — Confessions — Review In determining the voluntariness of the confession, the court should look at the factual circumstances surrounding the confession, the psychological impact on the defendant, […]

465 A.2d 888 JOYCE SANBORN v. THEODORE SANBORN No. 82-390Supreme Court of New Hampshire Rockingham Decided August 31, 1983 1. Divorce — Custody and Support of Children — Modification of Decree The standard for modification of child custody decrees set forth by the supreme court in Perreault v. Cook, 114 N.H. 440 (1974), that the […]

493 A.2d 1134 THE STATE OF NEW HAMPSHIRE v. DREW BRODEUR No. 83-220Supreme Court of New Hampshire Hillsborough Decided April 19, 1985 1. Searches and Seizures — Constitutional Standards — Generally In determining whether the seizure of a person was reasonable under the State Constitution, that constitution may be interpreted as more protective of individual […]

451 A.2d 383 THE STATE OF NEW HAMPSHIRE v. THOMAS MISKELL No. 81-414Supreme Court of New Hampshire Hillsborough Decided September 10, 1982 1. Parties — Real Party in Interest — Particular Cases Prosecutrix in an aggravated felonious sexual assault case was not barred from appealing, through private counsel, trial court’s grant of defendant’s motion to […]

514 A.2d 817 THE STATE OF NEW HAMPSHIRE v. JAMES ROSENCRANS No. 85-101Supreme Court of New Hampshire Merrimack Decided August 7, 1986 1. Trial — Conduct of Trial — Regulation of Conduct of Counsel Trial judges have the right and the duty to see that trials are conducted in a fair and orderly manner, and […]

308 A.2d 842 MARCELLE ARMSTRONG a. v. BENJAMIN C. ADAMS, COMMISSIONER, DEPARTMENT OF EMPLOYMENT SECURITY a. No. 6446Supreme Court of New Hampshire Hillsborough Decided July 24, 1973 1. A union agreement providing in part that an employee actively working for an employer in the week beginning November 24, 1969, and having at that time at […]

41 A.2d 224 LILLIAN OBER (individually and as executrix under the will of RICHARD J. POWERS) v. DANIEL B. CURNANE a. No. 3505.Supreme Court of New Hampshire Rockingham. Decided February 6, 1945. Certain facts and circumstances surrounding an alleged conveyance of real estate sufficiently warranted an inference of fraud and thereby established it prima facie […]

235 A.2d 516 TRUSTEES OF THE PROTESTANT EPISCOPAL CHURCH a. v. ROBERT DANAIS, Director. No. 5673.Supreme Court of New Hampshire Rockingham.Argued October 4, 1967. Decided November 30, 1967. 1. Where a deed of real estate to the trustees of a designated church provided that the premises were to be used for the purpose of erecting […]

272 A.2d 586 ERNESTINE L. COMER v. BRUCE M. COMER No. 6109Supreme Court of New Hampshire Carroll Decided December 30, 1970 1. The trial court determines the portion of a husband’s wealth to be considered a just assignment to a wife under RSA 458:19, and a reasonable provision for the support and education of children […]

168 A.2d 482 WILLIAM A. HARMON a. v. KENNETT COMPANY, INC. a. No. 4896.Supreme Court of New Hampshire Carroll.Argued February 8, 1961. Decided March 20, 1961. 1. In a boundary dispute, the matter of locating upon the ground the various bounds and boundaries given in numerous deeds and abstracts received in evidence, with the aid […]

75 A.2d 709 FLORA BERGERON v. PRUDENTIAL INSURANCE COMPANY OF AMERICA. No. 3942.Supreme Court of New Hampshire Hillsborough. Decided October 3, 1950. In an action on a policy of life insurance to recover double indemnity benefit for accidental death the finding that the automobile collision, which was the immediate cause of the insured’s death, “inflicted […]

379 A.2d 1251 STATE OF NEW HAMPSHIRE v. DANIEL McCARTHY a. No. 7635Supreme Court of New Hampshire Rockingham Decided October 24, 1977 1. Waters — Tidal Waters — Adjacent Lands Land owned by defendants which was adjacent to tidal water and which was filled by them was not within control of state, where master found […]

309 A.2d 151 SHIRLEY DEL POZZO v. ANTHONY DEL POZZO No. 6559Supreme Court of New Hampshire Rockingham Decided August 27, 1973 1. The overall welfare of the children is the paramount and controlling consideration when, in exercise of his discretion, the presiding justice exercises his power to grant custody of children in a divorce proceeding. […]

547 A.2d 223 THE STATE OF NEW HAMPSHIRE v. GILBERT HAMEL No. 87-246Supreme Court of New Hampshire Hillsborough Decided July 8, 1988 1. Witnesses — Sequestration Court did not err at criminal trial in refusing to order sequestration of victim-witness. N.H. R. Ev. 615. 2. Trial — Order of Proof — Witnesses Whether to direct […]

907 A.2d 383 CITY OF ROCHESTER v. JAMES CORPENING a. No. 2005-389.Supreme Court of New Hampshire Strafford.Argued: March 8, 2006. Opinion Issued: May 26, 2006. 1. Zoning and Planning — Administration and Enforcement — Enforcement and Penalties The clause “shall be subject to” in the statute governing fines and penalties for violations of zoning laws […]

703 A.2d 890 DEL NORTE, INC. v. ARTHUR J. PROVENCHER No. 95-717Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 31, 1997 1. Judgments — Summary Judgment — Appellate Review In reviewing a grant of summary judgment, the affidavits and other evidence are looked at, and all inferences properly drawn therefrom, in the light […]

281 A.2d 49 ARMAND F. ROY v. MANCHESTER GAS COMPANY. No. 5716a.Supreme Court of New Hampshire Hillsborough. Decided July 29, 1971. 1. A petition invoking the original jurisdiction of the supreme court to secure additional compensation for the plaintiff on his claim for personal injuries previously adjudicated in the New Hampshire courts was based upon […]

311 A.2d 300 STATE OF NEW HAMPSHIRE v. ROGER L. BOWLES STATE OF NEW HAMPSHIRE v. JAMES R. LADIEU No. 6578 No. 6579Supreme Court of New Hampshire Belknap Decided October 31, 1973 1. No question of double jeopardy arises in a civil case. 2. The habitual offender statute (RSA ch. 262-B (Supp. 1972)) provides a […]

598 A.2d 864 OPINION OF THE JUSTICES (Weirs Beach) No. 91-128Supreme Court of New Hampshire Request of the House of Representatives Decided October 29, 1991 1. Municipal Corporations — Powers — Granted by State Municipalities in the State of New Hampshire are divisions of the state and they derive their authority from the legislature. 2. […]

434 A.2d 599 WILLIAM B. CLARK a. v. J. HAROLD NEERGAARD a. No. 80-220Supreme Court of New Hampshire Carroll Decided August 5, 1981 1. Deeds — Construction Although the interpretation of a deed is ultimately a matter for the supreme court, the determination of the terms of a deed is based on the parties’ intentions […]

47 A.2d 112 CATHERINE STANTON v. MORRISON MILLS, INC. No. 3577.Supreme Court of New Hampshire Hillsborough. Decided May 7, 1946. In an action by a servant against her master for injuries sustained when her hand became mangled by the knives of an unguarded machine which she was operating, the question whether a guard should have […]

780 A.2d 522 ESTATE OF ROBERT T. TREMAINE BY NORMAN R. TREMAINE, EXECUTOR v. LORRAINE TREMAINE No. 99-547Supreme Court of New Hampshire Hillsborough-northern judicial district Decided July 31, 2001 1. Divorce — Division of Property — Beneficiary Interest Divorce decree may only change a contractual beneficiary designation when it expressly states that the parties intend […]

347 A.2d 175 JOHN J. STARVISH a. v. RALPH M. FARLEY a. No. 7166Supreme Court of New Hampshire Rockingham Decided October 31, 1975 1. The trial court properly regarded the remains of the wire fence and the stone wall as monuments evidencing the location of the boundary line. 2. The sharp conflicts in the testimony […]

480 A.2d 863 THE STATE OF NEW HAMPSHIRE v. TERRENCE H. MONAHAN, JR. No. 82-537Supreme Court of New Hampshire Cheshire Decided May 4, 1984 1. Constitutional Law — Speedy Trial — Generally The State and Federal Constitutions guarantee an accused the right to a speedy trial. N.H. CONST. pt. 1, art. 14; U.S. CONST. amends. […]

470 A.2d 909 THE STATE OF NEW HAMPSHIRE v. ROBERT F. SCARBOROUGH No. 82-196Supreme Court of New Hampshire Cheshire Decided December 29, 1983 1. Constitutional Law — Right to Counsel — Generally In prosecution for robbery, the defendant’s right to assistance of counsel attached no later than the time of his indictment. U.S. CONST. amends. […]

311 A.2d 522 DOROTHY M. JONES v. KENNETH J. JONES KENNETH J. JONES v. ALBERT A. TURCOTTE No. 6492Supreme Court of New Hampshire Strafford Decided October 31, 1973 1. Statutory provision (RSA 262-A:21) forbidding vehicular crossing to the left of or across an unbroken painted line on the highway except in specified situations, was intended […]

113 A.2d 542 OPINION OF THE JUSTICES. No. 4416.Supreme Court of New Hampshire Decided April 27, 1955. The constitutional provision (Art. 74) authorizing the Legislature to require the opinion of the Justices does not apply to an inquiry concerning the constitutionality of existing law. The following resolution adopted by the House of Representatives on April […]

319 A.2d 288 PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE v. STATE OF NEW HAMPSHIRE No. 6852Supreme Court of New Hampshire Public Utilities Commission Decided April 30, 1974 1. The public utilities commission’s reconsideration on remand of the fuel adjustment clause and certain other computations concerning the rate base on the basis of the previous record, […]

503 A.2d 843 ROBERT C. PERRAS v. JOHN A. CLEMENTS, COMMISSIONER NEW HAMPSHIRE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS No. 85-073Supreme Court of New Hampshire Hillsborough Decided January 6, 1986 Records — Inspection — Right-To-Know Law Property owner was not entitled, under provisions of the right-to-know law, to copies of appraisal reports prepared in connection […]

868 A.2d 994 WUDSON ROSA v. PARTNERS IN PROGRESS, INC. a. WUDSON ROSA v. UNITED RENTALS, INC. No. 2004-232.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: November 30, 2004. Opinion Issued: March 4, 2005. 1. Aliens — Employment — Generally Plaintiff, an alien not legally entitled to work in the United States at the time […]

59 A.2d 343 ANDREW J. JODOIN, Adm’r of the Estate of Joseph A. Jodoin v. JOHN T. BAROODY a. No. 3718.Supreme Court of New Hampshire Hillsborough. Rockingham. Decided June 1, 1948. A default and judgment entered against the defendant who was justified in assuming his employer would undertake his defense may be, stricken off in […]

575 A.2d 355 RANDALL D. RADKAY v. JAMES CONFALONE No. 89-382Supreme Court of New Hampshire Rockingham Decided May 24, 1990 1. Declaratory Judgments — Purpose Remedy of declaratory judgment affords relief from uncertainty and insecurity created by a doubt as to rights, status or legal relations existing between the parties. RSA 491:22. 2. Declaratory Judgments […]

143 A.2d 414 FRANK A. RICHARDSON v. RUDOLPH A. SIBLEY. No. 4660.Supreme Court of New Hampshire Carroll.Submitted June 4, 1958. Decided July 1, 1958. 1. In an action to recover a real estate broker’s commission for having been the effective cause of procuring a customer willing and able to buy the property upon the terms […]

27 A.3d 651 RUSSELL FOREST MANAGEMENT, LLC v. TOWN OF HENNIKER. No. 2010-719.Supreme Court of New Hampshire. Merrimack.Argued: May 5, 2011. Opinion Issued: June 15, 2011. 1. Highways — Generally — Laying: Out, Altering:, Reclassifying: or Discontinuing: Under the statute in effect in 1895 when a town voted to discontinue a public highway, the town […]

69 A.2d 226 INDIAN HEAD NATIONAL BANK, Tr., Ap’ee v. GEORGE F. THERIAULT a., Ap’ts. No. 3855.Supreme Court of New Hampshire Hillsborough. Decided November 1, 1949. A successor trustee has the duty to collect the trust assets as disclosed by his predecessor’s accounts, subject to any right of the predecessor to correction of the accounts […]

171 A.2d 429 OPINION OF THE JUSTICES. No. 4953.Supreme Court of New Hampshire Request of House of Representatives.Submitted June 9, 1961. Answer returned June 12, 1961. 1. Certain projects contemplated by legislation, in amendment to Laws 1959, c. 412 establishing the Town of Hampton Marsh Reclamation Authority, for the development or redevelopment of marshlands in […]

236 A.2d 486 EXETER HAMPTON ELECTRIC COMPANY v. PUBLIC UTILITIES COMMISSION. No. 5594.Supreme Court of New Hampshire Public Utilities Commission.Argued December 5, 1967. Decided December 29, 1967. 1. A petition filed in the Supreme Court alleging that the Public Utilities Commission assessed in an unlawful and unreasonable manner and against a clear preponderance of the […]

419 A.2d 1077 EVERETT W. LAMKIN a. v. BENJAMIN CUTTER HILL a. No. 79-382Supreme Court of New Hampshire Rockingham Decided September 3, 1980 1. Trusts — Constructive Trusts — Unjust Enrichment There are no rigid requirements for a constructive trust; a court may impose a constructive trust on property to prevent the unjust enrichment of […]

597 A.2d 73 THE STATE OF NEW HAMPSHIRE v. NORBERTO PEREZ No. 90-290Supreme Court of New Hampshire Merrimack Decided October 4, 1991 1. Criminal Law — Presentment — Delay Under the rule in State v. Hastings, 120 N.H. 454 (1980), if an indictment is not brought within sixty days from the date of the arrest, […]

660 A.2d 1143 APPEAL OF DONNA L. HURST (New Hampshire Department of Labor Compensation Appeals Board) No. 93-862Supreme Court of New Hampshire Compensation Appeals Board Decided July 6, 1995 1. Workers’ Compensation — Rehearings and Appeals — Appeals Board An official is an “interested party” if he or she has a direct personal or pecuniary […]

589 A.2d 999 THE STATE OF NEW HAMPSHIRE v. KEVIN J. O’NEILL, SR. No. 90-028Supreme Court of New Hampshire Hillsborough Decided April 26, 1991 1. Trial — Questions of Law — Motion for Judgment Notwithstanding Verdict Whether judgment notwithstanding verdict is required because of insufficiency of evidence is a question of law, and trial judge […]

435 A.2d 119 APPEAL OF GRANITE STATE ELECTRIC COMPANY (New Hampshire Public Utilities Commission) No. 80-390Supreme Court of New Hampshire Public Utilities Commission Decided September 16, 1981 1. Public Utilities — Regulatory Agencies — Appeals From On review, the public utilities commission’s findings are presumed reasonable and an order of the commission will not be […]