Category: New Hampshire Court Opinions

212 A.2d 458 STATE v. STILLMAN TITUS. No. 5307.Supreme Court of New Hampshire Merrimack.Argued February 2, 1965. Decided March 31, 1965. 1. In criminal proceedings, hearsay information may properly furnish probable cause for the issuance of a search warrant when the underlying circumstances surrounding the information received by the complaining officer can be found to […]

311 A.2d 294 RESERVE INSURANCE COMPANY v. RUDOLPH DIMAMBRO, GUARDIAN AD LITEM FOR AUDREY DIMAMBRO. a. No. 6664Supreme Court of New Hampshire Strafford Decided October 31, 1973 1. Purpose of RSA 462:2 was to provide a method for a fair settlement Page 590 of minor’s suits and assurance that the proceeds would be preserved and […]

64 A.2d 325 OPINION OF THE JUSTICES. No. 3828.Supreme Court of New Hampshire Decided February 24, 1949. The assessment of the stock in trade tax by the Tax Commission as a local property tax may constitutionally be provided by statute upon valuations proportional to the values of taxable property throughout the State and at the […]

612 A.2d 1317 THE STATE OF NEW HAMPSHIRE v. WOITKOWSKI No. 91-118Supreme Court of New Hampshire Hillsborough Decided August 27, 1992 1. Evidence — Authentication — Unique Authentication Although breaks in the chain of custody may be crucial to the issue of authentication when the evidence is fungible, where authentication is based on unique authentication, […]

144 A.2d 909 MARCEL LANDRY a. v. MANCHESTER. JOSEPH STEFENS a. v. SAME. No. 4671.Supreme Court of New Hampshire Hillsborough.Argued September 3, 1958. Decided October 7, 1958. 1. The liability of a municipality under RSA 245:20 for damages caused by change in grade of a highway is limited to those damages resulting from changes made […]

498 A.2d 339 HYDRAFORM PRODUCTS CORPORATION v. AMERICAN STEEL ALUMINUM CORPORATION No. 83-375Supreme Court of New Hampshire Strafford Decided August 16, 1985 1. Contracts — Unconscionability — Limitation of Damages A limitation or exclusion of consequential damages is enforceable unless unconscionable, and such a term is not prima facie unconscionable where the consequential loss is […]

663 A.2d 626 MICHAEL DUBE a. v. TOWN OF HUDSON No. 94-139Supreme Court of New Hampshire Hillsborough-southern judicial district Decided August 14, 1995 1. Zoning and Planning — Judicial Review — Standard of Review When construing zoning appeals, the superior court must treat all findings of the Zoning Board of Adjustment as prima facie lawful; […]

459 A.2d 290 KEARSARGE SOARING ASSOCIATION v. KEARSARGE VALLEY GOLF CLUB, INC. No. 82-072Supreme Court of New Hampshire New London District Court Decided April 29, 1983 1. Statutes — Construction and Application — Particular Words and Phrases Although the term “non-commercial air navigation facilities” is not defined in the statute exempting from liability owners, lessees […]

727 A.2d 1001 PETITION OF FLOYD W. HOYT, N.D. PETITION OF CAROLE E. ROBINSON, N.D. (New Hampshire Board of Naturopathic Examiners) Nos. 97-783, 97-785Supreme Court of New Hampshire Decided April 21, 1999 1. Administrative Law — Administrative Appeal — Writs ofCertiorari Petition for writ of certiorari was appropriate appellate remedy for review of decision of […]

400 A.2d 480 THE STATE OF NEW HAMPSHIRE v. PAUL LAVALLEE No. 78-076Supreme Court of New Hampshire Hillsborough Decided April 6, 1979 1. Witnesses — Self-Incrimination — Defendant’s Right To Produce Evidence Constitutional right to produce all proofs that may be favorable to a defendant is not absolute when it conflicts with a witness’ privilege […]

879 A.2d 735 DAVID A. POPE AND SUZANNE M. POPE, INDIVIDUALLY AND AS TRUSTEES OF THE DAVID A. POPE 1990 REVOCABLE TRUST AND THE WOODIE 1990 REVOCABLE TRUST v. NANCY MORAN LEE. No. 2004-314Supreme Court of New Hampshire RockinghamArgued February 16, 2005 Opinion Issued April 8, 2005 Flagg Law, PLLC, of Portsmouth (Jonathan M. Flagg […]

5 A.2d 265 AMERICAN EMPLOYERS INSURANCE COMPANY v. FRANK F. WENTWORTH, (doing business as F. F. WENTWORTH SONS), JOHN PELCZAR, LOUIS PAPAGEORGE (individually and as father and next friend of ATHENA PAPAGEORGE) No. 3028Supreme Court of New Hampshire Strafford Decided March 7, 1939 In an action against a servant of an assured for damages incurred […]

229 A.2d 686 STATE v. RAYMOND A. GRAVEL. No. 5493.Supreme Court of New Hampshire Strafford.Argued March 8, 1967. Decided May 23, 1967. 1. An indictment for aiding and assisting the principal in attempting to cheat and defraud an insurance company by means of false pretenses setting forth the essential elements of the crime of false […]

426 A.2d 25 THE STATE OF NEW HAMPSHIRE v. MICHAEL A. SCARLETT No. 80-277Supreme Court of New Hampshire Hillsborough Decided January 28, 1981 1. Trial — Mistrial — Double Jeopardy When, by reason of prosecutorial or judicial overreaching which is intended either to provoke the defendant “into requesting a mistrial or to prejudice his prospects […]

421 A.2d 1004 THE STATE OF NEW HAMPSHIRE v. HAYDN A. JONES No. 79-236Supreme Court of New Hampshire Hillsborough Decided September 26, 1980 1. Appeal and Error — Preservation of Questions — Failure To Present Below Court would not permit defendant to bypass contemporaneous exception rule where defendant had not at trial or on previous […]

543 A.2d 412 APPEAL OF LAKESHORE ESTATES (New Hampshire Board of Tax and Land Appeals) No. 86-495Supreme Court of New Hampshire Board of Tax and Land Appeals Decided June 6, 1988 1. Taxation — Appraisal and Assessment — Burden of Proof On appeal of a tax assessment, the plaintiff has the burden of showing its […]

123 A.2d 827 PORTSMOUTH v. CAMPANELLA CARDI CONSTRUCTION CO. No. 4463.Supreme Court of New Hampshire Rockingham.Argued May 1, 1956. Decided July 6, 1956. The duty of the chief of an organized city fire department and the firemen connected therewith as firewards of the city to extinguish “any fire” within the city limits (RSA 154:7) extends […]

681 A.2d 82 H. BRUCE HARTGERS v. TOWN OF PLAISTOW a. No. 94-462Supreme Court of New Hampshire Strafford Decided August 2, 1996 Arrest — Probable Cause — Particular Cases The fact that the bank did not actually refuse payment on the check did not undermine a finding of probable cause sufficient to arrest the party […]

461 A.2d 93 WALTER J. MORRILL a. v. ROBERT WEBB No. 82-073Supreme Court of New Hampshire Rockingham Decided May 6, 1983 1. Trespass — Trees and Wood — Burden of Proof An action for damages under the statute governing willful trespass to forest products is civil in nature and does not require proof beyond a […]

469 A.2d 1344 FRANCIS J. GORMAN v. TOWN OF PELHAM No. 83-198Supreme Court of New Hampshire Hillsborough Decided December 27, 1983 Release — Construction — Particular Cases Where landowner filed a bill in equity and a civil rights damage action in 1979, alleging that town’s subdivision regulations precluded him from subdividing his property, and where […]

453 A.2d 1276 KING ENTERPRISES v. MANCHESTER WATER WORKS No. 81-233Supreme Court of New Hampshire Hillsborough Decided December 10, 1982 1. Contracts — Performance — Business Necessity or Compulsion To establish business compulsion so as to render a contract invalid, a plaintiff must show that he involuntarily accepted the other party’s terms, that the coercive […]

700 A.2d 299 GERALD GAUCHER v. COLD SPRINGS RV CORP. No. 95-706Supreme Court of New Hampshire Rockingham Decided September 23, 1997 1. Sales — Generally — Definitions Where plaintiff submitted an affidavit stating that at all times his travel trailer was used for personal, family and household purposes, the court correctly characterized the trailer as […]

302 A.2d 826 CHARLES J. CLARK, ADMINISTRATOR v. NEW ENGLAND TELEPHONE COMPANY No. 6282Supreme Court of New Hampshire Rockingham Decided March 29, 1973 1. Want of evidence of defendant’s negligent construction, operation, or maintenance of its telephone pole located within highway limits warranted denial of plaintiff’s request for instructions to the jury on the issue […]

561 A.2d 1063 In re “K” No. 88-086Supreme Court of New Hampshire Grafton Decided July 14, 1989 1. Hospitals — Committee Records — Statutory Privilege Focus of statutory privilege against disclosure of hospital committee records is not necessarily limited to one committee in a departmentally organized hospital where legislature intended to provide the privilege to […]

742 A.2d 121 BENJAMIN AND ROSEMARY BREWSTER v. TOWN OF AMHERST a. No. 97-912Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided December 3, 1999 1. Zoning and Planning — Administration and Enforcement — Enforcement and Penalties Trial court correctly upheld planning board’s revocation of site plan approval for soccer facility, since violations of site […]

285 A.2d 799 RONALD A. RAITT v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY. No. 6231.Supreme Court of New Hampshire Rockingham. Decided December 30, 1971. 1. An insurer’s statutory right of subrogation for payments made under its policy’s uninsured motorist coverage (RSA 268:15-a (IV)(supp.)) would be restricted to amounts its insured recovered from an uninsured motorist against […]

773 A.2d 649 IN RE PETITION TO ENLARGE ESTATE OF ROY L. MCINTOSH No. 99-120Supreme Court of New Hampshire Hillsborough County Probate Court Decided June 6, 2001 1. Gifts and Charity — Gifts — Particular Matters Where decedent had designated his son as sole beneficiary of an individual retirement account (IRA), his intent at some […]

284 A.2d 917 THEODORE HILTON AND LAKE KANASATKA ASSOCIATES, INC. v. SPECIAL BOARD AND G. RONALD THOMPSON. No. 6313.Supreme Court of New Hampshire Special Board. Decided December 7, 1971. 1. The Special Board (Laws 1969, 387:6; Laws 1971, 329:6) has jurisdiction under RSA ch. 483-A(supp.) over petitions for minor improvements of the shorelines of any […]

679 A.2d 586 APPEAL OF JAMES COOPER (New Hampshire Compensation Appeals Board) No. 94-635Supreme Court of New Hampshire Compensation Appeals Board Decided July 11, 1996 1. Workers’ Compensation — Injuries or Illness Compensable — In Course of and Arising Out of Employment The level of company encouragement and sponsorship made injury at a company softball […]

489 A.2d 134 APPEAL OF GREAT LAKES CONTAINER CORPORATION (New Hampshire Board of Tax and Land Appeals) No. 84-182Supreme Court of New Hampshire Board of Tax and Land Appeals Decided February 22, 1985 1. Taxation — Appraisal and Assessment — Abatements To show that an abatement is justified, the taxpayer must prove by a preponderance […]

452 A.2d 464 STATE OF NEW HAMPSHIRE v. MICHAEL CORNELIUS STATE OF NEW HAMPSHIRE v. JEFFREY ALLEN JONES No. 81-193 No. 81-252Supreme Court of New Hampshire Rockingham Laconia District Court Decided October 20, 1982 1. Motor Vehicles — Alcohol Tests — Driver’s Sample Neither the due process nor the equal protection doctrine requires that a […]

124 A.2d 199 AMERICAN CASUALTY COMPANY OF READING, PA. v. JEAN PAUL SENECAL a. No. 4486.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1956. Decided July 6, 1956. A garage liability policy of insurance affording coverage to the named insured in the use of any automobile for business purposes and also in the use for […]

891 A.2d 477 JOHN J. KELLEHER, JR. v. MARVIN LUMBER AND CEDAR COMPANY. Nos. 2002-300, 2003-376.Supreme Court of New Hampshire Hillsborough-Northern Judicial District.Argued: September 14, 2005. Opinion Issued: December 15, 2005. 1. Limitation of Actions — Accrual of Actions — Discovery Rule Under the statute of limitations on personal actions, once defendant establishes that the […]

415 A.2d 1144 CONSERVATORSHIP OF BESSIE C. BRADLEE No. 79-402Supreme Court of New Hampshire Hillsborough County Probate Court Decided June 12, 1980 1. Courts — Probate Courts — Powers Probate court has authority to vacate a conservator’s license to sell real estate and it may exercise that authority whenever it deems it appropriate and in […]

135 A.2d 716 PAUL PINEAU a. v. EUGENE H. WHITE d/b/a WHITE’S OIL HEATING SERVICE. No. 4589.Supreme Court of New Hampshire Hillsborough.Argued October 1, 1957. Decided November 5, 1957. 1. Under the Uniform Sales Act (RSA 346:69 I(d)) a buyer of goods is given the right to rescind the sale and obtain restitution for the […]

344 A.2d 12 STATE OF NEW HAMPSHIRE v. WILLIAM L. GREELY No. 6524Supreme Court of New Hampshire Hillsborough Decided August 29, 1975 1. Information possessed by the police, much of it obtained from direct observations by the New Hampshire State Police and by the Los Angeles police and relayed here, furnished probable cause to arrest […]

290 A.2d 49 RUSSELL J. BURT v. AETNA CASUALTY SURETY COMPANY. No. 6278.Supreme Court of New Hampshire Cheshire. Decided January 31, 1972. 1. Plaintiff could have avoided his uncertainty over whether he should sue under the Workmen’s Compensation Law or a group insurance policy by joining his two claims for trial of the common factual […]

470 A.2d 897 THE STATE OF NEW HAMPSHIRE v. EDWARD FIELDERS No. 82-213Supreme Court of New Hampshire Merrimack Decided December 27, 1983 1. Estoppel — Collateral Estoppel — Criminal Cases The doctrine of collateral estoppel is embodied within the double jeopardy clauses of the Fifth Amendment to the United States Constitution and part one, article […]

608 A.2d 861 APPEAL OF ATLANTIC CONNECTIONS, LTD. (New Hampshire Public Utilities Commission) No. 91-042Supreme Court of New Hampshire Public Utilities Commission Decided May 5, 1992 1. Appeal and Error — Jurisdiction — Standards of Review Jurisdictional rulings are legal ones and subject to ordinary standards of judicial review. 2. Public Utilities — Regulatory Agencies […]

615 A.2d 1251 THE STATE OF NEW HAMPSHIRE v. REUBEN HORNE No. 91-054Supreme Court of New Hampshire Sullivan Decided November 10, 1992 1. Appeal and Error — Preservation of Questions — Failure to Present Below Issues not presented in lower court will not be considered on appeal. 2. Appeal and Error — Preservation of Questions […]

365 A.2d 743 NEWTON TRUCK RENTAL CORPORATION v. STATE OF NEW HAMPSHIRE No. 7087Supreme Court of New Hampshire Original Decided October 29, 1976 1. There being no statutory provision for an appeal from the refusal of the division of motor vehicles to refund any portion of the plaintiff’s 1974 truck registration fees, a petition for […]

120 A.2d 335 LITA ROSS, by her father and next friend v. ROBERT’S EXPRESS CO., INC. a. LLEWELLYN C. ROSS v. ROBERT G. PLANTE a. No. 4438.Supreme Court of New Hampshire Hillsborough.Argued January 3, 1956. Decided February 8, 1956. In an action to recover for personal injuries sustained by a six-year old child pedestrian when […]

198 A.2d 17 H B CONSTRUCTION CO. v. JAMES R. IRWIN SONS. No. 5203.Supreme Court of New Hampshire Strafford.Argued February 4, 1964. Decided March 3, 1964. 1. Where a detailed proposal for the furnishing and erection of a pre-engineered building was signed by the contractor’s president and submitted to the purchaser corporation, the signature of […]

506 A.2d 329 In re ALLEN R. No. 85-076Supreme Court of New Hampshire Nashua District Court Decided March 3, 1986 1. Constitutional Law — Right to Counsel — Ancillary Defense Services Indigent criminal defendant is entitled to the services necessary for an adequate defense, at reasonable cost to the public, as guaranteed by both State […]

788 A.2d 255 CASSANDRA HAWKINS v. NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES No. 2000-012Supreme Court of New Hampshire Rockingham Decided December 31, 2001 1. Pleading — Motion to Dismiss — Construction of Complaint In ruling upon a motion to dismiss, the trial court must determine whether allegations contained in plaintiff’s pleadings sufficiently establish […]

258 A.2d 489 STATE v. RICHARD A. BERGE a. No. 5943.Supreme Court of New Hampshire Cheshire.Argued September 3, 1969. Decided October 31, 1969. 1. The question of the constitutionality of the narcotic drug statutory provision (RSA 318-A:21 II) imposing a mandatory minimum sentence and prohibiting suspension of sentence was rendered moot by repeal of such […]

162 A.2d 166 WESTON W. HAYWARD v. STATE. No. 4826.Supreme Court of New Hampshire Hillsborough.Argued June 7, 1960. Decided June 30, 1960. 1. The sole remedy of a person aggrieved by the decision of a Lay-Out Commission (RSA 233:1, 2) in the assessment of damages occasioned by the taking of land for highway purposes is […]

726 A.2d 1283 JAMES J. GRAY a. v. GERALD S. SEIDEL, JR. a. JAMES J. GRAY a. v. TOWN OF MEREDITH ZONING BOARD OF ADJUSTMENT No. 96-655Supreme Court of New Hampshire Belknap Decided February 8, 1999 1. Zoning and Planning — Generally — Exceptions, Variances,and Nonconforming Uses Zoning board’s decision requiring plaintiffs to show that […]

30 A.2d 278 GENERAL MOTORS ACCEPTANCE CORPORATION v. THELMA G. LANTZ, Adm’x. No. 3384.Supreme Court of New Hampshire Strafford. Decided January 5, 1943. A petition for a declaratory judgment cannot be maintained where the plaintiff has a plain and adequate legal remedy for determination of the question presented by his petition. Upon a stipulation of […]

270 A.2d 611 STATE v. WILLIAM L. MANOLY. No. 6035.Supreme Court of New Hampshire Carroll. Decided October 30, 1970. 1. A trial judge has a duty either to make plain to the defendant personally on the record, before accepting a guilty plea, that the defendant will have to risk what sentence may be imposed because […]

628 A.2d 696 THE STATE OF NEW HAMPSHIRE v. WAYNE CRESSEY No. 92-018Supreme Court of New Hampshire Carroll Decided July 15, 1993 1. Evidence — Expert Testimony — Generally Expert testimony must rise to threshold level of reliability to be admissible under evidentiary rule governing such testimony. N.H. R. EV. 702. 2. Evidence — Expert […]

496 A.2d 333 ELENA B. WATERS a. v. ARTHUR K. HEDBERG No. 84-413Supreme Court of New Hampshire Rockingham Decided May 24, 1985 1. Res Judicata — Generally The heart of the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation […]

624 A.2d 555 ERG, INC. v. THEODORE BARNES a. ERG, INC. v. CARL SCHMELZER No. 91-577Supreme Court of New Hampshire Hillsborough Decided May 11, 1993 1. Judgments — Collateral Estoppel — Generally For collateral estoppel to apply, issue subject to estoppel must be identical in each action, first action must have resolved issue finally on […]

128 A.2d 202 GAYLE P. BENTLEY, by her father and next friend a. v. EDWARD B. ADAMS. No. 4508.Supreme Court of New Hampshire Merrimack.Argued November 7, 1956. Decided December 31, 1956. Where the plaintiff prior to a motor vehicle accident was a healthy normal person and immediately following it suffered from dizziness and emotional instability, […]

328 A.2d 784 JOHN DOE v. STATE OF NEW HAMPSHIRE No. 6921Supreme Court of New Hampshire Keene District Court Decided November 22, 1974 1. The annulment under the authority of RSA 651:5 (Supp. 1973) of the defendant’s conviction and sentence entered prior to the effective date of the statute would not be an application of […]

16 A.2d 697 IRENE V. HUTCHINS ARCAND, Adm’x v. GUTTERSON GOULD, INC. No. 3205.Supreme Court of New Hampshire Rockingham. Decided December 3, 1940. The power of Congress in admiralty and maritime matters excludes any jurisdiction on the part of the states to fix and determine the rights and liabilities of persons engaged in maritime occupations […]