Category: New Hampshire Court Opinions

523 A.2d 28 In re ESTATE OF MABEL M. WARD No. 85-551Supreme Court of New Hampshire Cheshire County Probate Court Decided December 30, 1986 1. Courts — Probate Courts — Jurisdiction Funds allegedly misappropriated by individual acting under a general power of attorney for incompetent, who was later appointed executor of estate of incompetent, constituted […]

572 A.2d 584 THE STATE OF NEW HAMPSHIRE v. CLARENCE LACHAPELLE No. 88-322Supreme Court of New Hampshire Manchester District Court Decided April 11, 1990 1. Indictment and Information — Specificity — Generally To meet standard of New Hampshire Constitution, a complaint must inform a defendant of the offense with which he is charged with sufficient […]

213 A.2d 689 ROBERT J. POKIGO a. v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS . a. No. 5331.Supreme Court of New Hampshire Hillsborough.Argued March 3, 1965. Decided May 24, 1965. Motion to remand denied October 5, 1965. 1. Where the courts of this state have no jurisdiction over the subject matter the parties cannot confer jurisdiction […]

30 A.2d 453 HENRY RANCOURT, Adm’r v. BOSTON MAINE RAILROAD. No. 3372.Supreme Court of New Hampshire Rockingham. Decided January 5, 1943. In an action by an administrator against a railroad claiming that his decedent’s death was caused by the air current of a fast express train, known as the Flying Yankee, while she stood on […]

385 A.2d 215 ST. JOHNSBURY TRUCKING CO., INC. v. THE STATE OF NEW HAMPSHIRE No. 7675Supreme Court of New Hampshire Board of Taxation Decided April 7, 1978 1. Taxation — Appeals — Standards for Review Scope of review in appeal from decision of board of taxation is governed by statute providing that order of commission […]

411 A.2d 156 APPEAL OF KEENE STATE COLLEGE EDUCATION ASSOCIATION, NHEA/NEA (New Hampshire Public Employee Labor Relations Board) No. 78-294Supreme Court of New Hampshire Public Employee Labor Relations Board Decided January 31, 1980 1. Public Employees — Public Employees Labor Relations Board — Structure Statute governing composition of public employee labor relations board requires two […]

238 A.2d 733 WESLEY POWELL v. GEORGE S. PAPPAGIANIS, Attorney General. No. 5743.Supreme Court of New Hampshire Belknap.Argued March 5, 1968. Decided March 29, 1968. 1. The grand jury is an investigatory body as well as an accusatory body and its investigations are not subject to legislative control, nor are its powers restricted by statute […]

400 A.2d 34 ROBERT W. MESERVE AND BENJAMIN H. LACY, TRUSTEES OF BOSTON AND MAINE CORPORATION v. THE STATE OF NEW HAMPSHIRE No. 78-131Supreme Court of New Hampshire Public Utilities Commission Decided March 23, 1979 1. Public Utilities — Regulatory Agencies — Powers Where railroad corporation appealed from a public utilities commission supplemental order deciding […]

711 A.2d 873 ACADIA INSURANCE COMPANY v. MICHAEL McNEIL a. No. 97-432Supreme Court of New Hampshire U.S. Court of Appeals for the First Circuit Decided May 22, 1998 1. Statutes — Maxims and Rules of Construction — Legislative History or Intent In matters of statutory interpretation, the supreme court is the final arbiter of the […]

123 A.2d 157 GEORGE N. PRASSAS v. J. F. McELWAIN COMPANY a. No. 4431.Supreme Court of New Hampshire Hillsborough.Argued May 1, 1956. Decided May 31, 1956. An agreement for workmen’s compensation executed by the employee and the employer’s insurance carrier and approved by the State Labor Commissioner pursuant to RSA 281:36 has the effect of […]

790 A.2d 142 IN THE MATTER OF KAREN ALEXANDER AND JONATHAN EVANS No. 2001-488Supreme Court of New Hampshire Hillsborough-northern judicial district Decided February 11, 2002 1. Domestic Violence — Abuse Prevention — Protective Orders In a proceeding on violation of a mutual restraining order and for a domestic violence protective order, evidence of contacts and […]

437 A.2d 289 RICHARD BECK v. TOWN OF AUBURN No. 80-290Supreme Court of New Hampshire Rockingham Decided November 20, 1981 1. Zoning — Planning Authorities — Powers and Duties Although the powers of a town planning board extend to off-site improvements and obligations necessitated by a proposed development, it has only those powers granted to […]

600 A.2d 448 RENOVEST COMPANY v. HODGES DEVELOPMENT CORPORATION No. 89-559Supreme Court of New Hampshire Merrimack Decided December 6, 1991 1. Dismissal and Nonsuit — Grounds for Granting — Lack of Evidence In most circumstances, appropriate standard of review for a motion to dismiss (or nonsuit) is to take the evidence presented and determine if, […]

431 A.2d 131 RICHARD FISHER v. TOWN OF BOSCAWEN No. 80-157Supreme Court of New Hampshire Merrimack Decided June 10, 1981 1. Zoning — Hearings — Rehearing Zoning board of adjustment rehearing process is designed to afford a board an opportunity to correct its own mistakes before appeal to the courts, and board which denied application […]

765 A.2d 156 THE STATE OF NEW HAMPSHIRE v. DELVIN WHITE No. 97-412Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided December 27, 2000 1. Witnesses — Impeachment, Corroboration — SpecificInstances of Conduct A defendant may introduce a victim’s prior allegations of sexual assault, for impeachment purposes, by showing that such allegations were “demonstrably false,” […]

424 A.2d 820 THE STATE OF NEW HAMPSHIRE v. JOHN M. KELLY No. 80-011Supreme Court of New Hampshire Rockingham Decided December 29, 1980 1. Appeal and Error — Preservation of Questions — Failure To Present Below Failure to properly object and take exception to alleged errors occurring during course of trial precluded the party from […]

408 A.2d 403 ALAN D. MURRAY a. v. PENTTI A. HYYRYNEN a. No. 78-169Supreme Court of New Hampshire Carroll Decided November 14, 1979 1. Vendor and Purchaser — Representations — Inaccurate Representations Request for a ruling that there was no evidence of fraud before the court is irrelevant to an action in assumpsit based on […]

532 A.2d 1381 THE STATE OF NEW HAMPSHIRE v. ROBERT DUFF No. 86-084Supreme Court of New Hampshire Hillsborough Decided October 9, 1987 1. Evidence — Admissibility Generally — Discretion of Court Decisions on the admissibility of evidence rest with the sound discretion of the trial court. 2. Evidence — Admissibility Generally — Probative Value At […]

231 A.2d 620 STATE v. HENRY C. PIASECNY. No. 5574.Supreme Court of New Hampshire Hillsborough.Argued April 4, 1967. Decided July 18, 1967. 1. The parole of the defendant from the New Hampshire Hospital where he was committed under the provisions of RSA 607:3 (supp) after the grand jury refused to indict him for murder on […]

109 A.2d 555 JAMES G. VEINO v. EDWARD E. BEDELL a. No. 4345.Supreme Court of New Hampshire Hillsborough.Submitted November 4, 1954. Decided November 30, 1954. By virtue of the negotiable instrument law (R. L., c. 366, ss. 24, 28) illegality of consideration for a promissory note is an affirmative defense and the party asserting it […]

500 A.2d 366 SYLVIA TENN, TRUSTEE OF DOXON REALTY TRUST v. 889 ASSOCIATES, LTD. No. 84-304Supreme Court of New Hampshire Hillsborough Decided October 24, 1985 1. Continuance — Discretion of Court Setting a trial date is a matter within the sound discretion of the trial court, as is any ruling on a motion for continuance […]

85 A.2d 386 STATE, by Patricia Bosse, Complainant v. RUDOLPHE TETREAULT. No. 4082.Supreme Court of New Hampshire Somersworth Municipal Court. Decided January 2, 1952. Bastardy proceedings (R.L., c. 128) are civil in nature although criminal in form. The nonresidence of the mother of a bastard child begotten outside the state is no bar to the […]

29 A.2d 132 NATHAN H. MORRISON v. VERDIE E. JOHNSON. No. 3356.Supreme Court of New Hampshire Belknap. Decided November 4, 1942. Upon a bill in equity to remove a cloud from the title to real estate, the description claimed to be a cloud applied with reasonable certainty to a definite tract of land; hence testimony […]

367 A.2d 1041 FRANK D. GIBBS v. RAYMOND A. HELGEMOE, WARDEN No. 7467Supreme Court of New Hampshire Original Decided December 30, 1976 1. A writ of habeas corpus places on the plaintiff committed to the State prison on a plea of not guilty by reason of insanity the difficult burden of proving that his mental […]

79 A.2d 633 GAETANO COLANTONIO v. KINGSBURY MACHINE TOOL CO. a. No. 4001.Supreme Court of New Hampshire Cheshire. Decided April 3, 1951. A claimant suffering from silicosis is not entitled as a matter of law to total disability payments under the provisions of the Workmen’s Compensation Act (Laws 1947, c. 266, s. 2 III) after […]

355 A.2d 865 EMIL S. WIESZECK v. BERTHA L. SEPESSY EMIL S. WIESZECK a. v. BERTHA L. SEPESSY No. 7174Supreme Court of New Hampshire Rockingham Decided March 31, 1976 1. Under the “emergency doctrine”, a person in an emergency situation through no fault of his own must conduct himself as a reasonably prudent man would […]

529 A.2d 882 FUNTOWN USA, INC. v. TOWN OF CONWAY No. 86-169Supreme Court of New Hampshire Carroll Decided June 3, 1987 1. Costs — Attorney Fees — Appeals Where plaintiff successfully litigated claim against town concerning the issuance of a building permit for a recreational facility and was awarded attorney’s fees, and where, on appeal, […]

71 A.2d 786 LEO KLINGER v. RUDOLPH G. CARTIER a. No. 3898.Supreme Court of New Hampshire Strafford. March 7, 1950. A member of the General Court is a state official and as such his compensation due and payable by the State for services rendered as a member of the House of Representatives is subject to […]

562 A.2d 156 THE STATE OF NEW HAMPSHIRE v. PAUL GRUBER No. 87-491Supreme Court of New Hampshire Grafton Decided August 9, 1989 1. Evidence — Past Conduct — Admissibility The decision to admit evidence of prior offenses or bad acts lies within the sound discretion of the trial court upon a determination that the evidence […]

217 A.2d 183 STATE v. JOHNNY LEE CRUMP. No. 5391.Supreme Court of New Hampshire Hillsborough.Argued December 7, 1965. Decided February 28, 1966. 1. In an indictment for illegal possession of narcotic drugs (RSA 318-A:2) evidence that the narcotic drugs discovered by the police in a brown paper bag was in a place where the police […]

467 A.2d 238 THE STATE OF NEW HAMPSHIRE v. COSCO COPELAND No. 82-202Supreme Court of New Hampshire Hillsborough Decided October 26, 1983 1. Criminal Law — Confessions — Voluntariness In proving voluntariness, the State must show that a confession was the product of an essentially free and unconstrained choice, and was not extracted by any […]

159 A.2d 158 NASHUA BOARD OF EDUCATION v. MARTO J. VAGGE, Mayor and the Board of Aldermen. No. 4804.Supreme Court of New Hampshire Hillsborough.Argued February 2, 1960. Decided March 31, 1960. 1. The extent of control which the mayor and board of aldermen may exercise over the local board of education in school administration is […]

769 A.2d 377 APPEAL OF JOYCE E. ROSE (New Hampshire Compensation Appeals Board). No. 99-485Supreme Court of New Hampshire Compensation Appeals Board Decided March 29, 2001 1. Workers’ Compensation — Proceedings to Secure Compensation— Attorney Fees Although claimant was successful in obtaining a rehearing before the board, that did not establish that she “prevailed” within […]

297 A.2d 223 STATE v. JON LAROCHELLE. No. 6425.Supreme Court of New Hampshire Rochester District Court. Decided November 3, 1972. 1. The reference in RSA 262-A:69-a to an “official report of said test” as conclusive evidence of the conduct and results of a test to determine alcohol by weight in the blood indicates legislative reliance […]

266 A.2d 855 ROBERT STEPHAN v. SEARS ROEBUCK CO. ROBERT STEPHAN v. KING-SEELEY THERMOS CO. No. 5972Supreme Court of New Hampshire Grafton Decided April 30, 1970 1. Strict liability in tort for the sale of a defective product, and contributory negligence as a defense to an action based upon such strict liability, set forth in […]

757 A.2d 162 WILLIAM D. McDILL v. ENVIRONAMICS CORPORATION No. 97-894Supreme Court of New Hampshire Rockingham Decided February 3, 2000 1. Appeal and Error — Evidence — Particular Cases Whether after-acquired evidence may limit damages or completely bar liability is a question of law reviewable de novo on appeal. 2. Labor — Termination of Employment […]

416 A.2d 1371 BOWLAN LUMBER COMPANY, INC. a. v. ADRIEN LEMIRE a. No. 79-207Supreme Court of New Hampshire Hillsborough Decided June 25, 1980 1. Workmen’s Compensation — Notice of Claim Under workmen’s compensation statute, if no notice of work-related injury is given within statutory period, workmen’s compensation claim is barred, no matter how minor the […]

451 A.2d 368 RENE L. BOUTHIETTE, ADMINISTRATOR OF THE ESTATE OF TERESA M. BOUTHIETTE v. STEVEN WIGGIN No. 81-106Supreme Court of New Hampshire Hillsborough Decided September 8, 1982 1. Appeal and Error — Transcript — Absence In a wrongful death action, where the direct testimony of an expert witness regarding the net financial loss to […]

150 A.2d 521 PUBLIC SERVICE COMPANY a. v. STATE a. No. 4743.Supreme Court of New Hampshire Original.Argued April 7, 1959. Decided April 21, 1959. 1. In an appeal from an order of the Public Utilities Commission fixing current rates of an electric utility as temporary rates pending a determination of permanent rates, and in appeals […]

20 A.2d 628 JOHN E. KELLY v. STANLEY SIMOUTIS a. No. 3251.Supreme Court of New Hampshire Hillsborough. Decided June 3, 1941. One who purchases property with knowledge that his vendor’s purpose in making the conveyance is to defeat a possible attachment, and takes the conveyance to protect his vendor against it, participates in the fraud, […]

816 A.2d 984 STEVEN WHITAKER v. L.A. DREW, INC. No. 2001-755Supreme Court of New Hampshire CarrollArgued November 13, 2002 Opinion Issued January 17, 2003 1. Evidence — Expert Testimony — Generally Where scientific issues would be beyond the capacity of persons of common experience and knowledge to form a valid judgment by themselves, expert evidence […]

669 A.2d 802 APPEAL OF EMISSARIES OF DIVINE LIGHT (New Hampshire Board of Tax and Land Appeals) No. 94-291Supreme Court of New Hampshire Board of Tax and Land Appeals Decided December 27, 1995 1. Taxation — Exemptions From Taxation — Religious Societies and Institutions New Hampshire Board of Tax and Land Appeals correctly held that […]

371 A.2d 1152 STATE OF NEW HAMPSHIRE v. GERARD J. BEAN, JR. No. 6749Supreme Court of New Hampshire Merrimack Decided March 31, 1977 1. Indictment and Information — Sufficiency — Attempts Indictment charging that defendant “did feloniously attempt to carnally know and abuse . . ., a woman child under the age of 16 years, […]

4 A.2d 355 KARL P. MITCHELL, Ex’r. v. ESTATE OF JOHN W. SMITH a. No. 3038.Supreme Court of New Hampshire Rockingham. Decided February 7, 1939. In a petition by the creditor of a decedent’s estate upon the statute (P. L., c. 302, s. 28) to enforce a claim otherwise barred by the two year limitation […]

203 A.2d 773 FRANK P. BAER v. ALFRED D. ROSENBLATT. No. 5211.Supreme Court of New Hampshire Belknap.Argued June 2, 1964. Decided October 6, 1964. 1. The authority granted to the Superior Court (RSA 507:11) to change the venue in an action where there is ground to apprehend that a fair and impartial trial cannot be […]

582 A.2d 619 THE STATE OF NEW HAMPSHIRE v. DAVID SIMPSON No. 89-465Supreme Court of New Hampshire Sullivan Decided November 15, 1990 1. Appeal and Error — Evidence — Sufficiency of Evidence A fact-specific analysis is employed in reviewing the sufficiency of the evidence in criminal convictions. 2. Sexual Assault — Aggravated Felonious Sexual Assault […]

780 A.2d 1282 PAMELA ROBBINS a. v. BERTHA G. JOHNSON a. No. 99-422Supreme Court of New Hampshire Cheshire County Probate Court Decided October 3, 2001 1. Wills — Construction — Omitted Children Pretermitted heir creates a conclusive rule of law that a child who is neither named nor referred to in a will and is […]

594 A.2d 1288 THE STATE OF NEW HAMPSHIRE v. JOHN JOHNSON No. 90-404Supreme Court of New Hampshire Belknap Decided July 26, 1991 1. Estoppel — Collateral Estoppel — Criminal Cases General proposition is recognized that doctrine of collateral estoppel may be applied in criminal setting, but instances where it has been applied are extremely limited. […]

703 A.2d 661 TRACEY AND GREGORY DEYETTE v. LIBERTY MUTUAL INSURANCE COMPANY No. 96-327Supreme Court of New Hampshire Hillsborough-northern judicial district Decided December 31, 1997 1. Insurance — Policies — Construction Language in an insurance policy will be interpreted as a matter of law. The plain and ordinary meaning of the policy’s words will be […]