Category: New Hampshire Court Opinions

684 A.2d 1349 THE STATE OF NEW HAMPSHIRE v. KARL HOYT No. 95-338Supreme Court of New Hampshire Hillsborough-northern judicial district Decided October 24, 1996 1. Appeal and Error — Dismissal on Appeal — Erroneous Dismissal The defendant’s absence from the motion hearing did not constitute a failure to “prosecute his appeal” as required by RSA […]

69 A.2d 4 VIRGINIA C. STAARGAARD a. v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. No. 3853.Supreme Court of New Hampshire Hillsborough. Decided November 1, 1949. Where the injuries suffered by the plaintiff passenger in a bus were alleged to be due to the absence of a rail or other protective device in front of certain […]

223 A.2d 418 WILLIAM CONSTANTOPOULOS v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. No. 5483.Supreme Court of New Hampshire Strafford.Argued September 7, 1966. Decided October 31, 1966. 1. By virtue of an agreement between the Secretary of Labor of the United States and the Department of Employment Security of this state executed pursuant to federal […]

146 A.2d 851 ARLINGTON E. HARTFORD a. v. GILMANTON. No. 4676.Supreme Court of New Hampshire Belknap.Argued September 3, 1958. Decided November 5, 1958. 1. Loon Pond located in Gilmanton is one of the public waters of the state held in trust by the State for public use. 2. The title of the State to the […]

486 A.2d 262 THE STATE OF NEW HAMPSHIRE v. STEVEN P. WONG THE STATE OF NEW HAMPSHIRE v. JOEL GRINDLE No. 83-358 No. 83-481Supreme Court of New Hampshire Rockingham Hillsborough Decided October 26, 1984 1. Homicide — Negligent Homicide — Elements Legislature’s use of the disjunctive “or” in the body of the negligent homicide statute […]

499 A.2d 1005 THE STATE OF NEW HAMPSHIRE v. GUY WHEELER THE STATE OF NEW HAMPSHIRE v. VICTOR EVANS THE STATE OF NEW HAMPSHIRE v. GUY ROUNDS No. 84-327 No. 84-404 No. 84-405Supreme Court of New Hampshire Merrimack Decided October 24, 1985 1. Statutes — Construction and Application — Conflicting Provisions Where several statutes deal […]

327 A.2d 715 STATE OF NEW HAMPSHIRE v. HOWARD ALLEN No. 6899Supreme Court of New Hampshire Carroll Decided October 31, 1974 1. Direct evidence that the defendant was observed in the act of operating the motor vehicle is not an indispensable requisite to prove his operation. 2. Circumstantial evidence may be utilized as proof of […]

244 A.2d 199 ALLSTATE INSURANCE COMPANY v. DELPHIS ROBERTS a. No. 5612.Supreme Court of New Hampshire Sullivan.Argued September 6, 1967. Decided July 17, 1968. 1. A motor vehicle liability policy written and issued in a foreign state to a resident of that state involved in motor vehicle collision here is to be interpreted in accordance […]

240 A.2d 60 PLAINFIELD v. VERNON A. HOOD a. No. 5649.Supreme Court of New Hampshire Sullivan.Argued November 8, 1967. Decided March 29, 1968. 1. A municipal corporation by appropriate action may validate prior action which was within its powers but failed by reason of defective exercise of those powers. 2. Hence, the action taken at […]

660 A.2d 1090 APPEAL OF LOUIS COTE (New Hampshire Department of Labor Compensation Appeals Board) No. 94-043Supreme Court of New Hampshire Compensation Appeals Board Decided June 6, 1995 1. Workers’ Compensation — Generally — Rules of Construction The supreme court construes liberally the Workers’ Compensation Law in order to give the broadest reasonable effect to […]

781 A.2d 7 SHERIDAN’S CASE No. LD-99-004Supreme Court of New Hampshire Original Decided September 6, 2001 1. Attorneys — Reprimand, Suspension and Disbarment —Particular Cases Because attorney’s failure to file the requisite probate documents occurred primarily and substantially before he was injured and his conduct was exacerbated by his failure to seek further extension of […]

631 A.2d 146 THE STATE OF NEW HAMPSHIRE v. RICHARD MELLO No. 92-226Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 16, 1993 1. Appeal and Error — Preservations of Questions — Adequacy Despite Lack of Formal Objections Issue of defendant’s prior arrests in sexual assault case was adequately preserved, although no contemporaneous record […]

632 A.2d 1210 EMMETT RONAYNE a. v. THE STATE OF NEW HAMPSHIRE No. 91-421Supreme Court of New Hampshire Strafford Decided June 18, 1993 1. Pleading — Motion To Dismiss — Standard for Granting Standard of review on motion to dismiss for failure to state claim is whether allegations in plaintiff’s pleadings are reasonably susceptible of […]

855 A.2d 445 THE STATE OF NEW HAMPSHIRE v. ANGEL ROLDAN. No. 2002-743.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: June 9, 2004. Opinion Issued: July 23, 2004. 1. Evidence — Particular Matters — Interpreters Superior court rule providing that a person who has assisted in the preparation of a case shall not act as […]

309 A.2d 908 STATE OF NEW HAMPSHIRE v. GEORGE F. PERRY No. 6572Supreme Court of New Hampshire Hillsborough Decided September 28, 1973 1. The words “any meeting” in RSA 69:9 encompass activities at a ward primary. 2. The words “adding any vote” in RSA 69:9 proscribe ballot-box stuffing by election officials before, after, or during […]

245 A.2d 76 STEPHEN JOHN ARCHIE v. PIAGGIO COMPANY. No. 5745.Supreme Court of New Hampshire Rockingham.Argued June 4, 1968. Decided August 23, 1968. 1. Parties are estopped to relitigate matters already litigated or admitted by the pleadings in a former suit. Griffin, Harrington, Brigham Taylor (Mr. Alvin E. Taylor orally), for the plaintiff. Sulloway, Hollis, […]

430 A.2d 183 EUGENE N. SHORT a. v. TOWN OF RYE a. No. 80-387Supreme Court of New Hampshire Rockingham Decided May 11, 1981 1. Highways — Dedication — Generally Determination of whether road leading to proposed subdivision had been dedicated as a public road and whether plaintiff subdivision developers had a right to use the […]

440 A.2d 13 THE STATE OF NEW HAMPSHIRE v. RONALD S. QUINLAN No. 81-041Supreme Court of New Hampshire Cheshire Decided January 20, 1982 1. Constitutional Law — Speedy Trial — Tests In determining whether a speedy trial has been denied, the length of the delay, the reasons for the delay, the assertion of the right […]

765 A.2d 143 Arthur Slattery a. v. The Norwood Realty, Inc. No. 96-360Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided November 30, 2000 1. Contracts — Construction — Generally When interpreting an ambiguous contract, court’s focus is on intent of contracting parties at time of agreement. 2. Contracts — Construction — Ambiguity Defendant was […]

533 A.2d 372 UNIFIRST CORPORATION v. CITY OF NASHUA No. 86-385Supreme Court of New Hampshire Hillsborough Decided October 15, 1987 1. Injunction — Standards for Granting — Immediate Threat of Harm Superior court is empowered to grant injunctive relief where the plaintiff would otherwise suffer immediate irreparable harm. 2. Injunction — Standards for Granting — […]

374 A.2d 661 JEANNE L. TUTTLE v. FRED PALMER No. 7669Supreme Court of New Hampshire Carroll Decided May 31, 1977 1. Contracts — Specific Performance Where putative father entered into written agreement wherein he acknowledged that he was father of mother’s illegitimate child, and agreed to pay mother $10 per week for child’s support until […]

89 A.2d 909 JOHN K. COLONY a. v. JOHN J. COLONY a. Trustees. No. 4112.Supreme Court of New Hampshire Cheshire. Decided July 1, 1952. The testator, by the use of the words “but if my daughter shall die leaving no children or lineal descendants, then I give [a stipulated amount] to each of my brothers,” […]

49 A.2d 814 JOHN J. LESSARD v. GUY E. DARKER a. No. 3620.Supreme Court of New Hampshire Belknap. Decided December 3, 1946. The equitable rule of marshalling of assets is not administered at the instance of a debtor or unsecured creditor, but is limited in its application to grant relief as between different judgment, attaching […]

376 A.2d 140 LENA A. HEALEY v. EVERETT F. HEALEY No. 7673Supreme Court of New Hampshire Hillsborough Decided July 25, 1977 1. Divorce — Alimony — Renewal While legislature has considered that in many cases of childless marriages terminating in divorce, period of three or six years will suffice to enable wife to establish her […]

430 A.2d 172 CYNTHIA M. SETTLE v. JOHN ALDEN SETTLE, JR. No. 80-222Supreme Court of New Hampshire Cheshire Decided May 11, 1981 1. Appeal and Error — Questions Considered on Appeal — Failure To Offer Evidence Below Where defendant in contempt action had waived the opportunity to offer testimony and evidence at the master’s hearing, […]

318 A.2d 486 GRANITE STATE ELECTRIC COMPANY v. ALBERT GIDLEY SAME v. M. G. T. INVESTMENT CORP. a. No. 6765Supreme Court of New Hampshire Rockingham Decided March 29, 1974 1. A conveyance by the trustee, the life tenant, and the contingent remaindermen in fee of a right of way to the plaintiff with a right […]

64 A.2d 324 OPINION OF THE JUSTICES. No. 3827.Supreme Court of New Hampshire Decided February 24, 1949. A tax upon the franchise of electric utilities based upon the electricity produced at a rate of 1/4 of a mill per kilowatt hour is a privilege tax not permitted under the Constitution. A franchise or privilege to […]

500 A.2d 355 ROLAND E. HOPPS v. STATE BOARD OF PAROLE a. No. 84-223Supreme Court of New Hampshire Merrimack Decided August 15, 1985 1. Constitutional Law — Right to Effective Counsel — Conflict of Interest While the general standard for judging assertions of ineffective assistance of counsel is that of reasonable competence, special rules apply […]

437 A.2d 310 VIOLA M. SUOJANEN v. DAVID E. TARDIF, ADMINISTRATOR w.w.a. OF THE ESTATE OF LORENZO P. DIVERSI No. 81-039Supreme Court of New Hampshire Merrimack Decided November 20, 1981 1. Appeal and Error — Findings — Master’s Findings A master’s findings and rulings will be upheld unless they are unsupported by the evidence or […]

124 A.2d 211 EVA G. WINN a. v. LAMOY REALTY CORP. No. 4498.Supreme Court of New Hampshire Hillsborough.Argued June 6, 1956. Decided July 6, 1956. Where the proposed location of a commercial establishment was rezoned into a residence area subsequent to the issuance of a permit to the owner for the erection of the building […]

714 A.2d 225 DAVID M. GOSS, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF KIMBERLY S. GOSS v. STATE OF NEW HAMPSHIRE No. 97-577Supreme Court of New Hampshire Rockingham Decided July 24, 1998 1. Negligence — Proximate Cause — Tests and Standards In a negligence action, a defendant’s conduct is a legal cause of harm […]

81 A.2d 205 ROSAIRE J. COUILLARD, d.b.a. MAYFLOWER SALES SERVICE v. JOHN W. O’CONNOR a. No. 4038.Supreme Court of New Hampshire Grafton. Decided June 5, 1951. The waiver by counsel in open court of defects in a writ to secure a mechanic’s lien under R.L., c. 264, s. 12, is within the scope of an […]

465 A.2d 912 THE STATE OF NEW HAMPSHIRE v. GEORGE BERTRAND No. 82-285Supreme Court of New Hampshire Hillsborough Decided August 31, 1983 1. Mental Health — Criminal Offenses — Competency To Stand Trial Both the United States Supreme Court and the New Hampshire Supreme Court have recognized that a criminal defendant has a constitutional right […]

10 A.2d 220 EDWARD J. MOONEY v. BRUNO CHAPDELAINE. LILLIAN I. MOONEY v. SAME. No. 3102.Supreme Court of New Hampshire Hillsborough. Decided December 5, 1939. In an action by a passenger in a car against its driver for injuries caused by colliding with an oppositely approaching car, the evidence justified the conclusion that the defendant […]

373 A.2d 1322 HARRY LEE DANEKER a. v. THE STATE OF NEW HAMPSHIRE No. 7790Supreme Court of New Hampshire Rockingham Decided May 6, 1977 Bail — Determining Factors — Likelihood of Appearance Trial court was not compelled as a matter of law to grant petitions for release on plaintiffs own recognizances where record disclosed that […]

427 A.2d 29 THE STATE OF NEW HAMPSHIRE v. ROBERT D. EBELT No. 79-428Supreme Court of New Hampshire Grafton Decided March 11, 1981 1. Rape — Statutory Rape — Evidence In a prosecution for statutory rape, a birth certificate is not admissible as evidence of the age of the prosecutrix if the prosecutor fails to […]

453 A.2d 1247 MARGARET C. TUCKER v. DEPARTMENT OF EMPLOYMENT SECURITY a. No. 82-139Supreme Court of New Hampshire Cheshire Decided November 5, 1982 1. Statutes — Construction and Application — Purpose The purpose of the federal and complementary state unemployment compensation statutes governing retirement pay is to prevent so-called “double dipping” by persons who are […]

374 A.2d 643 THE STATE OF NEW HAMPSHIRE v. CLYDE A. LaPLANTE No. 7436Supreme Court of New Hampshire Cheshire Decided May 31, 1977 Appeal and Error — Questions Considered on Appeal — Invited Errors Where defendant, charged with attempted murder, requested instruction that was given to jury on lesser included offense of attempted manslaughter and […]

676 A.2d 113 IN RE THOMAS M. AND MICHAEL M. No. 95-285Supreme Court of New Hampshire Hillsborough-northern judicial district May 23, 1996 1. Parent and Child — Generally — Definitions Under RSA 169-C:3, XIX(c), a child of an incarcerated parent is not necessarily neglected; rather, such a child is neglected only if the incarcerated parent […]

188 A.2d 480 NEWFOUNDLAND AMERICAN INSURANCE, CO. v. STEVEN KAMIENIECKI a. No. 5092.Supreme Court of New Hampshire Hillsborough.Argued January 2, 1963. Decided February 21, 1963. 1. Where the defendant contractor by the terms of his contract with the plaintiff owner of a building partially destroyed by fire agreed to remove all debris leaving the walls […]

571 A.2d 261 GEORGE BLAISDELL AND ALBERT BLAISDELL v. ARTHUR S. RAAB AND RITA RAAB No. 88-329Supreme Court of New Hampshire Strafford Decided March 8, 1990 1. Pleading — Writ — Generally A writ differs from a bill or petition in that a party files a writ to initiate an action at law, whereas a […]

419 A.2d 1115 VIGITRON, INC. v. JAMES R. FERGUSON, d/b/a ULTRA DESIGN SYSTEMS AND JAMES W. WEEDEN No. 80-004Supreme Court of New Hampshire Strafford Decided September 17, 1980 1. Contracts — Employment Contracts — Inventions The respective rights and obligations concerning an invention conceived by an employee spring from the contract of employment. 2. Contracts […]

781 A.2d 4 In re JEFFREY C. No. 99-663Supreme Court of New Hampshire District Court for Southern Carroll County Decided August 31, 2001 1. Minors — Crimes and Delinquency — Right to Jury To the extent that statutory provisions governing commitment of juveniles authorize incarceration in adult correctional facilities without first affording the juvenile the […]

48 A.2d 921 CHARLES W. CLOUGH v. JACOB SCHWARTZ a. No. 3593.Supreme Court of New Hampshire Hillsborough. Decided June 27, 1946. Where the relationship between the driver and plaintiff was that of fellow-servants in the employ of the Manchester fire department, the negligence of the driver of the fire apparatus which collided with defendant’s truck […]

840 A.2d 788 MAUREEN BACON v. TOWN OF ENFIELD. No. 2002-591.Supreme Court of New Hampshire GraftonArgued: June 12, 2003. Opinion issued: January 30, 2004. 1. Zoning and Planning — Generally — Exceptions, Variances, and Nonconforming Uses In order to obtain a variance, a petitioner bears the burden of showing that: (1) the variance will not […]

423 A.2d 610 DENNIS J. RABE v. MICHAEL J. CARNABY a. MICHAEL J. CARNABY a. v. RONALD B. MOORES d/b/a R. B. MOORES ASSOCIATES No. 79-332Supreme Court of New Hampshire Rockingham Decided December 17, 1980 1. Appeal and Error — Disposition of Case — Reasonableness of Determination Where seller of property alleged that surveyor retained […]

58 A.2d 745 PEARL FRANCES WILSON v. MANCHESTER SAVINGS BANK. No. 3706.Supreme Court of New Hampshire Hillsborough. Decided May 4, 1948. Failure of the landlord to properly maintain a common platform at the entrance of his building whereby a sub-tenant lost her balance and fell due to irregularities in the height of boards in the […]

7 A.2d 239 RUBY H. CARBONE WHIPPLE, Adm’x v. BOSTON MAINE RAILROAD No. 3084Supreme Court of New Hampshire Merrimack Decided June 1, 1939 On the question of earning capacity the amount earned by a person during the depths of a business depression is not to be accepted as the controlling index. A party is not […]

672 A.2d 709 THE STATE OF NEW HAMPSHIRE v. ANTONIO MARTI No. 94-637Supreme Court of New Hampshire Strafford Decided March 7, 1996 1. Evidence — Other Bad Acts — Admissibility Under the balancing test common to N.H.R. EV. 403 and 404 (b), the probative value of the evidence of numerous prior sexual assaults — either […]

93 A.2d 831 STATE v. KING G. SNOW. No. 4129.Supreme Court of New Hampshire Hillsborough. Decided January 6, 1953. In an indictment of a police officer for larceny of certain marked money left in an unlocked restaurant cash register by the owner through prearrangement with the chief of police to see if the officer on […]

766 A.2d 252 HANOVER INVESTMENT CORPORATION v. TOWN OF HANOVER No. 98-129Supreme Court of New Hampshire Grafton Decided November 15, 2000 1. Taxation — Practice and Procedure — Admissibility ofEvidence Member of board of tax and land appeals was not prohibited by statute from offering expert testimony in tax abatement appeal; because he had no […]

131 A.2d 438 DEBORAH WORRALL by her mother and next friend a. v. HAROLD D. MORAN, Adm’r. No. 4525.Supreme Court of New Hampshire Strafford.Argued February 5, 1957. Decided April 30, 1957. 1. The rule which prevails in this state that the maintenance of a negligence action by an unemancipated child against its parent is forbidden […]

433 A.2d 1250 SHARON STEEL CORPORATION a. v. FRANK E. WHALAND No. 80-333Supreme Court of New Hampshire Merrimack Decided July 2, 1981 1. Corporations — Securities — Takeover Bids Depending on the accompanying circumstances, open market purchases can be considered as having the essentials of a takeover bid. RSA 421-A:2 VI(a)(1) (Supp. 1979). 2. Corporations […]

632 A.2d 1213 APPEAL OF RICHARD SOKOLOW a. (New Hampshire Board of Tax and Land Appeals) No. 92-074Supreme Court of New Hampshire Board of Tax and Land Appeals Decided November 4, 1993 1. Taxation — Assessment of Real Property Taxes — Generally In an abatement case, taxpayer has burden of proving by preponderance of evidence […]

744 A.2d 598 THE STATE OF NEW HAMPSHIRE v. KEVIN LAURENT No. 97-289Supreme Court of New Hampshire Strafford Decided December 28, 1999 1. Trial — Criminal Cases — Conduct of Counsel — Comments of Counsel Prosecutor’s inquiry into identity of witnesses and their availability for trial did not create impermissible inference of a missing witness, […]