Category: New Hampshire Court Opinions

237 A.2d 690 YEE CHUN HELEN KUO v. SHAN SUN KUO. No. 5686.Supreme Court of New Hampshire Strafford.Argued November 8, 1967. Decided January 30, 1968. 1. Certain evidence warranted the findings of the existence of cause for legal separation, and that the cause arose while the parties were domiciled in this state and was in […]

182 A.2d 451 DORIS DUGUAY v. ANDREW E. GELINAS a. No. 5000.Supreme Court of New Hampshire Hillsborough.Argued April 3, 1962. Decided June 29, 1962. 1. Arguments of counsel for the plaintiff in personal injury actions employing a mathematical formula suggesting that specific sums per day, hour or minute may be allowed as damages for pain […]

761 A.2d 1076 PETITION OF STEVEN RATTEE (New Hampshire Agricultural Lands Preservation Committee) THE STATE OF NEW HAMPSHIRE v. STEVEN RATTEE STEVEN RATTEE v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD a. No. 98-455 Original No. 97-840Supreme Court of New Hampshire Merrimack October 31, 2000 1. Covenants — Restrictive Covenants — Particular Cases […]

629 A.2d 794 ROBERT DALTON v. STANLEY SOLAR STOVE, INC. No. 92-459Supreme Court of New Hampshire Nashua District Court Decided July 27, 1993 1. Sales — Warranties — Implied Warranty of Fitness for Particular Purpose Implied warranty of fitness for a particular purpose does not arise out of an agreement between seller and buyer; rather, […]

666 A.2d 1356 THE STATE OF NEW HAMPSHIRE v. MICHAEL ROUBO No. 93-713Supreme Court of New Hampshire Belknap Decided November 6, 1995 1. Evidence — Hearsay — Particular Cases Where police officer testified early in trial that defendant’s roommate stated he had been out on night in question, trial court properly admitted hearsay statement made […]

110 A.2d 271 MICHAEL CROCKER v. W. W. WYMAN, INC. No. 4360.Supreme Court of New Hampshire Cheshire.Argued December 7, 1954. Decided December 31, 1954. Where damage to the plaintiff’s building situated relatively close to a public highway could have been caused by some agency or instrumentality other than the dynamite explosion set off by the […]

722 A.2d 464 ESTATE OF RITA L. CROTEAU v. GEORGE D. CROTEAU No. 96-544Supreme Court of New Hampshire Hillsborough County Probate Court December 8, 1998 1. Property — Joint Tenancy — Severance The intent of the parties controls when analyzing whether a joint tenancy has been served. Page 178 2. Appeal and Error — Standards […]

645 A.2d 655 APPEAL OF BURLEIGH BRIGGS (New Hampshire Department of Labor Compensation Appeals Board) No. 93-318Supreme Court of New Hampshire Compensation Appeals Board Decided July 6, 1994 1. Administrative Law — Judicial Review — Standards An agency decision or order will not be overturned, absent an error of law, unless it is clearly unjust […]

57 A.2d 151 HARTFORD ACCIDENT INDEMNITY COMPANY v. ROGER WOLBARST a. No. 3699.Supreme Court of New Hampshire Grafton. Decided February 3, 1948. The liability insurance policy provisions required by the financial responsibility act (R. L., c. 122, s. 1, par. VII) to indemnify the insured “against loss by reason of the liability to pay damages […]

474 A.2d 1377 THE STATE OF NEW HAMPSHIRE v. ELDON SIDEBOTHAM No. 82-579Supreme Court of New Hampshire Hillsborough Decided April 9, 1984 1. Searches and Seizures — Standing To Challenge Search — Generally A preliminary inquiry which any court must make before it will consider a motion to suppress evidence based upon an unreasonable search […]

259 A.2d 397 HOWARD W. SIBSON a. v. STATE. No. 5916.Supreme Court of New Hampshire Port Authority. Decided November 28, 1969. 1. Tidewaters are those in which the tide ordinarily ebbs and flows, including the sea, bays, rivers and creeks; however a body or stream of water is not necessarily tidal because under unusual circumstances […]

567 A.2d 572 WHISPERING PINES v. PATRICIA L. GAGNON No. 89-402Supreme Court of New Hampshire Derry District Court Decided December 29, 1989 Landlord and Tenant — Appeal — Jurisdiction Supreme court has no jurisdiction to hear an appeal directly from a district court in a landlord-tenant case, which is properly taken to the superior court. […]

767 A.2d 415 DEBRA RATTEE v. STEVEN RATTEE. No. 98-314.Supreme Court of New Hampshire Merrimack. Decided February 15, 2001. 1. Parent and Child — Child Support — Generally Trial courts should not employ income-averaging over a number of years to determine child support obligations; rather, child support should be determined on the basis of present […]

689 A.2d 1327 THE STATE OF NEW HAMPSHIRE v. MICHAEL MARTEL No. 94-288Supreme Court of New Hampshire Hillsborough-northern judicial district Decided January 31, 1997 1. Jury — Characteristics — Exemptions From Jury Service Since it is apparent from the language of the statute that the legislature intended requests for jury service excusals due to medical […]

637 A.2d 906 PHILIP G. PHILLIPS v. VERAX CORPORATION a. No. 92-355Supreme Court of New Hampshire Grafton Decided March 3, 1994 1. Judgments — Summary Judgment — Standard for Granting Trial court must grant summary judgment when it finds no genuine issue of material fact, after considering affidavits and other evidence presented in a light […]

24 A.2d 269 PAUL S. LaPERLE v. CHARLES A. SWANSON. No. 3302.Supreme Court of New Hampshire Rockingham. Decided January 6, 1942. Contributory negligence in an automobile collision was not established as a matter of law because the plaintiff’s car, at a speed of between fifteen to twenty miles per hour, struck a frost heave, skidded, […]

27 A.2d 104 NORMAN DAVENPORT v. WHITE MOUNTAIN POWER COMPANY. No. 3336.Supreme Court of New Hampshire Merrimack. Decided June 24, 1942. The general rule of damages in actions for negligence is that interest runs from the date of the verdict. Where such action proceeds to verdict and judgment, without request for an instruction for the […]

396 A.2d 554 THE STATE OF NEW HAMPSHIRE v. RONALD GULLICK No. 78-160Supreme Court of New Hampshire Rockingham Decided December 29, 1978 1. Constitutional Law — Confessions — Admissibility Before confessions may be considered as evidence, State must show beyond a reasonable doubt that defendant had been warned of his constitutional rights, that he waived […]

184 A.2d 564 ADLEY EXPRESS COMPANY a. v. ALFRED R. BRUZZESE, JR. a. No. 5056.Supreme Court of New Hampshire Coos.Argued September 5, 1962. Decided September 28, 1962. 1. In an action to recover damages sustained by the plaintiff when his vehicle collided with defendant’s tractor-trailer unit which had skidded and overturned in the highway at […]

314 A.2d 644 RAYMOND A. GAY v. PREFERRED RISK MUTUAL INSURANCE COMPANY No. 6475Supreme Court of New Hampshire Hillsborough Decided January 31, 1974 1. An uninsured motorist coverage endorsement issued in New Hampshire Page 12 provides uninsured motorist protection to a New Hampshire insured to the extent that the insurance coverage of the tort-feasor is […]

392 A.2d 1201 NORMAN S. COOK a. v. TOWN OF SANBORNTON No. 78-094Supreme Court of New Hampshire Belknap Decided October 4, 1978 1. Zoning — Appeals From Zoning Board — Standard of Superior Court Review Statute setting forth the standard of superior court review in appeals from zoning board decisions does not impose an absolute […]

570 A.2d 895 THE STATE OF NEW HAMPSHIRE v. JOHN A. SETTLE, JR. No. 87-435Supreme Court of New Hampshire Merrimack Decided January 31, 1990 1. Indictment and Information — Specificity — Generally Test of sufficiency of an indictment is not whether the indictment could possibly be made more definite and certain, but whether it alleges […]

77 A.2d 111 ROBERT E. COURAGE, JR. v. OLIVER W. CARLETON. EDITH M. COURAGE, Adm’x v. OLIVER W. CARLETON. No. 3918, No. 3954.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1950. A minor employee is entitled to the benefits of the workmen’s compensation act (Laws 1947, c. 266) and is held to have accepted […]

453 A.2d 1319 THE STATE OF NEW HAMPSHIRE v. DWIGHT T. REYNOLDS No. 81-422Supreme Court of New Hampshire Belknap Decided December 30, 1982 1. Arrest — Probable Cause — Generally Reasonable ground and probable cause are synonymous. 2. Arrest — Probable Cause — Generally Probable cause for arrest has been found to exist where the […]

241 A.2d 375 CARL N. RAUTENBERG a. v. ALBERT MUNNIS a. No. 5717.Supreme Court of New Hampshire Belknap.Argued February 7, 1968. Decided April 30, 1968. 1. A new trial on the ground of newly discovered evidence is equitably required only where (1) the moving party was not at fault in failing to discover the evidence […]

727 A.2d 988 APPEAL OF WAUSAU INSURANCE COMPANIES (New Hampshire Compensation Appeals Board) No. 96-439Supreme Court of New Hampshire Compensation Appeals Board Decided April 13, 1999 1. Workers’ Compensation — Injuries and Illnesses Compensable— Generally In order for injury to be cognizable under workers’ compensation law, it must produce some work-related disability; such disability need […]

75 A.2d 167 ALEXANDRE CHAGNON, by his Conservator, ROGER CHAGNON v. METROPOLITAN LIFE INSURANCE COMPANY. No. 3910.Supreme Court of New Hampshire Hillsborough. Decided July 6, 1950. In an action of assumpsit on disability insurance contracts causal insanity or mental incompetence excuses compliance with the contract provision that notice be given by the insured. Where a […]

464 A.2d 1111 V.S.H. REALTY, INC. a. v. CITY OF MANCHESTER No. 82-567Supreme Court of New Hampshire Hillsborough Decided July 13, 1983 1. Highways — Alteration — Appeal There is no absolute right to a jury trial on the question of necessity in eminent domain proceedings, and an appeal of a decision of a board […]

20 A.3d 961 STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE a. v. THE STATE OF NEW HAMPSHIRE a. No. 2010-271.Supreme Court of New Hampshire. Merrimack.Argued: February 16, 2011. Opinion Issued: April 14, 2011. 1. Statutes — Constitutionality —Presumption or Construction In Favor of Constitutionality In reviewing a legislative act, a court presumes it to be constitutional […]

455 A.2d 1016 THE STATE OF NEW HAMPSHIRE v. RUSSELL R. THAXTON No. 81-245Supreme Court of New Hampshire Grafton Decided December 30, 1982 1. Criminal Law — Sentence — Determination Whenever the superior court, after a trial de novo, substantially increases a sentence imposed by the district court, the record must reflect the reasons for […]

665 A.2d 1072 THE STATE OF NEW HAMPSHIRE v. RICHARD STEED No. 94-190Supreme Court of New Hampshire Belknap Decided August 17, 1995 1. Evidence — Burden of Proof — Generally Evidentiary rulings are within the sound discretion of the trial court and the defendant has the burden to demonstrate that the trial court’s discretionary ruling […]

618 A.2d 291 THE STATE OF NEW HAMPSHIRE v. CHARLES KEITH No. 91-243Supreme Court of New Hampshire Grafton Decided December 31, 1992 1. Evidence — Admissibility Generally — Prejudicial Effect Where one party has introduced one part of a written or recorded statement, the adverse party may seek to prevent a misleading impression from an […]

210 A.2d 486 STATE v. ALBERT HENRY HEALEY. No. 5344.Supreme Court of New Hampshire Grafton.Argued May 5, 1965. Decided May 24, 1965. 1. The Trial Court has inherent power in its discretion to compel discovery in a criminal case where the interests of justice so require. 2. In determining whether justice requires the granting of […]

256 A.2d 654 WILLIAM COLLINS a. v. DERRY a. No. 5917.Supreme Court of New Hampshire Rockingham.Argued May 6, 1969. Decided June 30, 1969. 1. Certain amendments to a municipal zoning ordinance proposed by the planning board and included in the notice for the first hearing in which there had been no change were not required […]

229 A.2d 338 GRAZIELLA DUBREUIL v. ROGER N. DUBREUIL a. No. 5555.Supreme Court of New Hampshire Hillsborough.Argued December 8, 1966. Decided January 27, 1967. 1. A landlord has a duty to exercise reasonable care to keep in a reasonably safe condition a driveway used in common by tenants and over which he retains control by […]

495 A.2d 1288 APPEAL OF TOWN OF EXETER (New Hampshire Public Employee Labor Relations Board) No. 83-509Supreme Court of New Hampshire Public Employee Labor Relations Board Decided July 1, 1985 1. Public Employees — Collective Bargaining — Interpretation of Collective Bargaining Statute Public sector collective bargaining sessions are not within the ambit of the access […]

330 A.2d 446 LARRY KERSEVICH a. v. JAFFREY DISTRICT COURT No. 6372Supreme Court of New Hampshire Jaffrey District Court Decided December 31, 1974 1. A district court has power to punish for contempt occurring in its presence persons whose acts or conduct would obstruct or interfere with the orderly administration of justice. 2. In formulating […]

341 A.2d 269 ANTHONY ALCORN a. v. CITY OF ROCHESTER ZONING BOARD OF ADJUSTMENT No. 7202Supreme Court of New Hampshire Strafford Decided June 30, 1975 1. The zoning board’s inaction in clarifying on remand as ordered by the supreme court the grounds upon which the plaintiffs’ request for a variance was denied strongly suggested to […]

689 A.2d 121 THE STATE OF NEW HAMPSHIRE v. DAVID PREVOST No. 95-676Supreme Court of New Hampshire Hillsborough-northern judicial district Decided January 23, 1997 1. Indictment and Information — Amendment — Procedure Courts are allowed to amend indictments in form, but not substance, and instructing the jury on an element not charged by the grand […]

756 A.2d 594 APPEAL OF BRIAN KULACZ (New Hampshire Compensation Appeals Board) No. 99-018Supreme Court of New Hampshire Compensation Appeals Board Decided July 5, 2000 1. Estoppel — Equitable Estoppel — Generally Party asserting estoppel must prove four elements: (1) a representation or concealment of material facts made with knowledge of those facts; (2) party […]

683 A.2d 531 JANE L. MILETTE v. NEW HAMPSHIRE RETIREMENT SYSTEM No. 95-287Supreme Court of New Hampshire Rockingham Decided September 30, 1996 1. Administrative Law — Administrative Appeal — Writs of Certiorari Because RSA chapter 100-A does not provide for judicial review, a writ of certiorari is the sole remedy available to a party aggrieved […]

743 A.2d 300 THE STATE OF NEW HAMPSHIRE v. ALLEN D. GOULD No. 97-888Supreme Court of New Hampshire Rockingham Decided December 8, 1999 1. Criminal Law — Double Jeopardy — Generally Double Jeopardy Clause of New Hampshire Constitution, as interpreted by supreme court, provides that a defendant may not be twice placed in jeopardy for […]

205 A.2d 854 LORA B. BARTON, Adm’x a. v. FRED K. PLAISTED, JR. a. No. 5275a.Supreme Court of New Hampshire Original.Argued October 15, 1964. Submitted December 3, 1964. Decided December 30, 1964. 1. A motion requesting the Supreme Court to receive supplementary evidence in support of exceptions preserved at the trial and presently pending on […]

366 A.2d 486 DONALD LaCROIX D.B.A. ROCHESTER CENTRAL AND RED LINE TAXI a. v. OMER P. MOUNTAIN D.B.A. ROCHESTER DIAL-A-RIDE No. 7298Supreme Court of New Hampshire Public Utilities Commission Decided September 30, 1976 1. Appeal filed in supreme court on thirty-fourth day after denial by public utilities commission of motion for rehearing was dismissed as […]

249 A.2d 692 STATE v. ROBERT C. SLATER. No. 5788.Supreme Court of New Hampshire Hillsborough.Argued September 5, 1968. Decided January 31, 1969. 1. An exception to the admission of testimony not shown to have been erroneously admitted to the prejudice of the excepting party is unavailing. 2. In a complaint for operating a motor vehicle […]

416 A.2d 1373 THE VILLAGE PRESS, INC. v. STEPHEN EDWARD COMPANY, INC. a. No. 79-261Supreme Court of New Hampshire Merrimack Decided June 25, 1980 1. Corporations — Officers and Directors — Liabilities In an action on contract to hold defendant personally liable for the debts of two corporations that he controlled, where plaintiff’s only evidence […]

744 A.2d 1134 ROSS T. HOBIN v. COLDWELL BANKER RESIDENTIAL AFFILIATES, INC. No. 97-877Supreme Court of New Hampshire Rockingham Decided January 31, 2000 1. Contracts — Construction — Implied Terms Implied covenant of good faith and fair dealing did not operate to limit extent of real estate franchisor’s discretion, as expressly reserved in its agreement […]

660 A.2d 1098 APPEAL OF WILLIAM A. HICKEY, JR. (New Hampshire Department of Employment Security) No. 94-184Supreme Court of New Hampshire Department of Employment Security Decided June 6, 1995 Unemployment Compensation — Generally — Construction of Statutory Provisions RSA 282-A:32 contains no provision granting relief to a person whose entrepreneurial business fails because of circumstances […]

231 A.2d 628 STATE v. WILLIAM B. ENRIGHT, JR. No. 5589.Supreme Court of New Hampshire Hillsborough.Argued April 4, 1967. Decided July 18, 1967. 1. In an indictment for breaking, entering and larceny the evidence warranted the jury finding beyond a reasonable doubt that the respondent was a perpetrator of the crime. 2. In a criminal […]

737 A.2d 662 PETITION OF KERRY D. (New Hampshire Division for Children, Youth, and Families) No. 97-838Supreme Court of New Hampshire Decided August 30, 1999 1. Habeas Corpus — Availability — Generally When court action results in loss of a constitutionally protected liberty interest, it may be collaterally attacked by way of petition for writ […]

165 A.2d 42 STATE v. FRANK MICHAEL DAVIS. No. 4880.Supreme Court of New Hampshire Hillsborough.Argued October 4, 1960. Decided October 28, 1960. 1. An indictment charging that the respondent as an accessory after the fact to first degree murder (RSA 590:2) did feloniously receive, harbor and maintain the principal after the respondent knew the principal […]

368 A.2d 1166 THURSTON V. WILLIAMS v. ELISABETH T. BABCOCK No. 7464Supreme Court of New Hampshire Cheshire Decided December 30, 1976 1. Plaintiff’s remedy for acquiring access to his land subject to gates and bars pursuant to RSA 234:18-a does not meet the standard that a legal remedy must be certain and obtainable as of […]

519 A.2d 280 KENNETH E. CURRAN, INC. v. AUCLAIR TRANSPORTATION, INC. a. No. 85-425Supreme Court of New Hampshire Merrimack Decided December 5, 1986 1. Pleading — Motion To Amend — Generally A motion to amend raises an issue subject to the trial court’s discretion. 2. Pleading — Motion To Amend — Tests and Standards While […]

368 A.2d 1175 IAFOLLA INDUSTRIES, INC. v. CURRAN-COSSETTE CONSTRUCTION CORPORATION No. 7558Supreme Court of New Hampshire Rockingham Decided December 30, 1976 1. A review of the record discloses sufficient evidence to support the master’s findings. 2. Although the master granted plaintiff’s request for a finding that no checks were issued by the city payable jointly […]

89 A.2d 915 PEARL I. TATE, Adm’x w.w.a. Estate of NELLIE L. POTTER v. WILLIAM G. HOOPER a. No. 4133.Supreme Court of New Hampshire Hillsborough. Decided July 1, 1952. A petition by an administratrix for advice and instructions, although affecting the distribution of the estate, was properly before the Superior Court. The testatrix in disposing […]

855 A.2d 510 THE STATE OF NEW HAMPSHIRE v. JOSEPH E. KING. No. 2003-512.Supreme Court of New Hampshire Cheshire.Argued: March 11, 2004. Opinion Issued: May 17, 2004. 1. Offenses — Sexual Offenses — Evidence; Sufficiency Based upon the victim’s testimony coupled with a demonstration in which the victim drew a circle closely encompassing the genital […]

682 A.2d 1194 DEANNA AND WILLIAM BRADLEY a. v. CITY OF MANCHESTER a. DEANNA AND WILLIAM BRADLEY a. v. PLANNING BOARD OF THE CITY OF MANCHESTER No. 95-240Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 25, 1996 1. Zoning and Planning — Ordinances — Amendment The public hearing notice for a hearing on […]

37 A.2d 5 MARCEL BERNIER, by his next friend v. GREENVILLE MILLS, INC. No. 3468.Supreme Court of New Hampshire Hillsborough. Decided April 4, 1944. An injury suffered by an employee while engaged in the employment, although the particular act was of a personal nature, if reasonably undertaken and not expressly forbidden, is as much in […]