Category: New Hampshire Court Opinions

322 A.2d 922 PAUL SEAMAN v. ASHMAN L. BERRY, SR. LUCILLE A. SEAMAN v. SAME No. 6836Supreme Court of New Hampshire Strafford Decided July 19, 1974 1. Defendant’s motion to set aside verdicts as excessive involved questions of fact for trial judge, whose decision should not be set aside unless no reasonable person could make […]

20 A.2d 629 WARREN E. DOWSE v. MAINE CENTRAL RAILROAD. No. 3239.Supreme Court of New Hampshire Coos. Decided June 3, 1941. In an action against a railroad for killing the plaintiff’s cows while being herded over a private farm crossing on returning from pasture, certain evidence, e.g. the obstructions to a view of the train, […]

320 A.2d 110 HARRY K. SHEPARD, INC. BROWNING-FERRIS INDUSTRIES OF NEW HAMPSHIRE, INC. v. STATE OF NEW HAMPSHIRE Nos. 6756 and 6789Supreme Court of New Hampshire Public Utilities Commission Decided May 31, 1974 1. On motions of plaintiffs, supreme court ordered the public utilities commission to certify files and records in certain other cases as […]

438 A.2d 304 PRISCILLA P. MIZNER v. DONALD E. MIZNER No. 81-120Supreme Court of New Hampshire Belknap Decided December 8, 1981 1. Parent and Child — Support — Modifying Support Order In a hearing on a petition for modification of a decree of child support, the trial court should consider all relevant evidence with regard […]

281 A.2d 587 JOHN F. McLAUGHLIN v. SEARS, ROEBUCK COMPANY. SAME v. WHITE METAL ROLLING STAMPING CORPORATION. No. 6114.Supreme Court of New Hampshire Grafton. Decided July 29, 1971 1. When the evidence viewed most favorably to the plaintiff purchaser upon a motion for a nonsuit at the close of his evidence was that a new […]

666 A.2d 978 SANDRA WALTON, AS PARENT AND NEXT FRIEND OF JULIE WALTON v. CITY OF MANCHESTER No. 93-700Supreme Court of New Hampshire Hillsborough-northern judicial district Decided November 6, 1995 1. Trial — Conduct of Counsel and Parties — Closing Arguments A “golden rule” argument is made when counsel urges jurors to put themselves in […]

185 A.2d 259 INDIAN HEAD MILLWORK CORP. v. GLENDALE HOMES, INC. No. 5066.Supreme Court of New Hampshire Rockingham.Argued October 2, 1962. Decided October 31, 1962. 1. The imposition of costs on the defendant as a condition to the setting aside of a default verdict was within the Trial Court’s discretion where the evidence warranted the […]

561 A.2d 241 KAREN E. INDORF v. RONALD P. INDORF No. 88-305Supreme Court of New Hampshire Belknap Decided July 27, 1989 1. Divorce — Fees and Costs — Attorney’s Fees As an exception to the general rule that parties pay their own counsel fees, New Hampshire has long recognized that the trial court has the […]

276 A.2d 476 STATE v. ROGER MORIN a. No. 6138.Supreme Court of New Hampshire Belknap. Decided April 5, 1971. 1. The distinction between principals and accessories before the fact was eradicated by RSA chapter 590-A(supp.), as inserted by Laws 1967, 346:1. 2. Indictments charging the defendants with committing the crime of aggravated assault (RSA 585:22(supp.)) […]

369 A.2d 224 STATE OF NEW HAMPSHIRE v. CHESTER B. KEYSER No. 7510Supreme Court of New Hampshire Belknap Decided January 31, 1977 1. Searches and Seizures — Instigation and Participation by Private Parties The fourth amendment protections do not extend to actions taken by private parties without the instigation or participation of law enforcement officers. […]

808 A.2d 72 PETITION OF DR. JEFFREY HAINES No. 2001-720Supreme Court of New Hampshire MerrimackArgued May 16, 2002 Opinion Issued September 25, 2002 1. Discovery—Production of Documents or Objects—Confidentialor Privileged In a negligence action, for the trial court to abrogate defendant’s statutory privileges and compel discovery of his medical records, it had to find that […]

765 A.2d 687 THE STATE OF NEW HAMPSHIRE v. DIRK RICHTER No. 99-090Supreme Court of New Hampshire Salem District Court Decided December 28, 2000 1. Search and Seizure — Generally — Definitions A police officer’s random computer check of a passing vehicle registration is not a search subject to protections of Fourth Amendment or Part […]

616 A.2d 481 THE STATE OF NEW HAMPSHIRE v. WALTER HAYCOCK No. 91-323Supreme Court of New Hampshire Strafford Decided November 20, 1992 1. Weapons — Felon in Possession of a Firearm — Control Whether a defendant has “control” over weapons for purposes of criminal statute is not based upon their location at any particular place, […]

609 A.2d 388 GEORGE BLAISDELL v. CITY OF ROCHESTER No. 90-613Supreme Court of New Hampshire Strafford Decided May 28, 1992 1. Judges — Disqualification — Relative of Attorney When a judge is related within the third degree to a partner in a law firm representing a party-in-interest before that judge, that partner will always be […]

151 A.2d 224 LAWRENCE C. CLARK a. v. ROLAND A. LOVELACE a. No. 4724.Supreme Court of New Hampshire Carroll.Argued April 7, 1959. Decided May 21, 1959. 1. Where the defendants purchased for themselves with their own funds a certain lot of land situated between their land and that of the plaintiffs and refused to convey […]

51 A.2d 635 JOHN A. BELFORD, Adm’r v. ARTHUR OLSON, Adm’r. No. 3639.Supreme Court of New Hampshire Cheshire. Decided March 4, 1947. A will which contains a bequest of the residue of the testator’s estate to his wife “to have and to hold during her lifetime with full and complete power to dispose of the […]

7 A.2d 249 MERCHANTS MUTUAL CASUALTY COMPANY v. H. C. KENNETT a. No. 3089Supreme Court of New Hampshire Carroll Decided May 31, 1939 A petition for a declaratory judgment by an insurer to determine coverage in relation to a motor vehicle liability policy is defective which fails to state that a claim of coverage has […]

53 A.2d 428 WILLIAM T. McGEE v. FRED BRAGG a. No. 3653.Supreme Court of New Hampshire Coos. Decided June 3, 1947. Where the right to vote in a town involves a temporary absence therefrom, the question of whether the voter has the requisite intention of returning thereto as his home is primarily one of fact […]

108 A.2d 40 RICHARD H. KEEFE, Ex’r v. NEW HAMPSHIRE POLICE RETIREMENT BOARD. No. 4347.Supreme Court of New Hampshire Merrimack.Submitted September 7, 1954. Decided September 30, 1954. Under the police retirement system (R. L., c. 221, as amended) benefits are payable only “in equal monthly installments on the first business day of each calendar month” […]

406 A.2d 137 KEENE PUBLISHING CORP. v. CHESHIRE COUNTY SUPERIOR COURT No. 79-232Supreme Court of New Hampshire Original Decided September 13, 1979 1. Constitutional Law — Public Trial — Press Coverage Press has a State constitutional right, though not unlimited, to gather news. 2. Constitutional Law — Public Trial — Press Coverage Preliminary hearings may […]

883 A.2d 1034 CHESTER ROD AND GUN CLUB, INC. v. TOWN OF CHESTER. No. 2004-857.Supreme Court of New Hampshire Rockingham.Argued: May 10, 2005. Opinion Issued: September 2, 2005. 1. Zoning and Planning — Generally — Exceptions, Variances, andNonconforming Uses To obtain a variance, an applicant must show that: (1) granting the variance will not be […]

36 A.2d 622 HARRY L. BRICKELL v. BOSTON MAINE TRANSPORTATION COMPANY. No. 3461.Supreme Court of New Hampshire Rockingham. Decided March 7, 1944. The statute (R. L., c. 119, s. 28) providing for the use of “oil burning light or flare” when a truck is parked on the highway does not authorize the use of some […]

309 A.2d 285 SHANGRI-LA, INC. v. STATE OF NEW HAMPSHIRE No. 6624Supreme Court of New Hampshire Belknap Decided August 27, 1973 1. Legislature intended to incorporate by reference into Business Profits Tax (RSA ch. 77-A) the federal income tax method of determining taxable income in the case of a corporation that elected treatment as a […]

387 A.2d 332 TOWN OF EXETER v. HAROLD LAMPERT a. No. 7938Supreme Court of New Hampshire Rockingham Decided May 9, 1978 1. Zoning — Appeal From Superior Court — Failure To Appeal By their failure to appeal entry of decree ordering them to remove large sign from side of their building located in land conservation […]

503 A.2d 784 KLEM KAMINSKI v. MORTIMER L. FISCH a. No. 84-600Supreme Court of New Hampshire Grafton Decided December 5, 1985 1. Boundaries — Evidence, Ascertainment, and Establishment Master’s ruling granting a motion for nonsuit in a case involving a boundary line dispute was erroneous as a matter of law, where there was some evidence […]

539 A.2d 713 THE STATE OF NEW HAMPSHIRE v. EDWARD BUNDY, JR. No. 85-231Supreme Court of New Hampshire Cheshire Decided April 1, 1988 1. Trial — Instructions — Review Claim of an erroneous jury charge must be evaluated by reading the alleged offending portion in the context of the trial court’s whole charge. 2. Trial […]

475 A.2d 522 THE STATE OF NEW HAMPSHIRE v. MARY SUE BALDWIN No. 83-173Supreme Court of New Hampshire Claremont District Court Decided April 13, 1984 1. Constitutional Law — Due Process — Generally The essential purpose of the fourth amendment is to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials. […]

378 A.2d 1144 WAYNE BROOKS v. R. A. CLARK’S GARAGE, INC. No. 7726Supreme Court of New Hampshire Lebanon District Court Decided October 17, 1977 1. Contracts — Agreements to Repair — Waiver of Right to Estimate Repairman who agrees to perform any repair on customer’s motor vehicle is not entitled to recover for such repairs […]

584 A.2d 763 EDWARD D. HUMPHREY, SR. v. MICHAEL CUNNINGHAM, WARDEN, THE NEW HAMPSHIRE STATE PRISON No. 89-403Supreme Court of New Hampshire Hillsborough Decided December 28, 1990 1. Habeas Corpus — Availability of Writ — Generally A petitioner may collaterally attack a proceeding by filing a petition for writ of habeas corpus after the time […]

876 A.2d 757 MERRIMACK VALLEY WOOD PRODUCTS, INC. a.v. GLEN NEAR. No. 2004-447.Supreme Court of New Hampshire Rockingham.Argued: March 23, 2005. Opinion Issued: May 9, 2005. 1. Labor — Employment Contracts — Generally The law does not look with favor upon contracts in restraint of trade or competition. 2. Labor — Employment Contracts — Construction […]

761 A.2d 1046 RICHARD S. SNIERSON a. v. ROBERT T. SCRUTON a. No. 97-288.Supreme Court of New Hampshire Rockingham. Decided April 12, 2000. Ordered December 5, 2000. 1. Appeal and Error — Dismissal of Complaint — Failure toState a cause of Action When reviewing a trial court decision dismissing a cause of action for failure […]

367 A.2d 583 R. J. BERKE CO., INC. a. v. J. P. GRIFFIN, INC. a. J. P. GRIFFIN, INC. a. v. R. J. BERKE CO., INC. a. No. 7242Supreme Court of New Hampshire Rockingham Decided December 30, 1976 1. Quantum meruit is a restitutionary remedy intended for use by contracting parties who are in material […]

136 A.2d 914 New Castle v. Dorothy Rand a. No. 4625.Supreme Court of New Hampshire Rockingham.Argued December 4, 1957. Decided December 18, 1957. 1. The courts of this state have traditionally proceeded on the basic assumption that the orderly dispatch of judicial business is accomplished more efficiently where every plaintiff and every defendant is given […]

249 A.2d 681 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL #572 v. DOVER. No. 5866.Supreme Court of New Hampshire Strafford.Argued January 7, 1969. Decided January 31, 1969. 1. Where a collective bargaining contract between municipal employees and a city provided that the final appeal of grievances was to the personnel advisory board […]

807 A.2d 1234 THE STATE OF NEW HAMPSHIRE v. DANIEL BOYLE No. 2001-495Supreme Court of New Hampshire RockinghamArgued July 11, 2002 Opinion Issued September 16, 2002 1. Search and Seizure—Warrant Requirement: Exceptions—CommunityCaretaking Where an officer testified that he seized defendant because he found his response to the officer’s initial questioning unusual, and that defendant’s response, […]

282 A.2d 22 RICHARD D. BENTON a. v. EDWARD P. O’BRIEN. No. 6232.Supreme Court of New Hampshire Rockingham. Decided October 5, 1971. Soule Leslie, for the plaintiffs, filed no brief. Sayer Giordano, for the defendant, filed no brief. Memorandum Opinion Exceptions by defendant to rulings and decree for plaintiffs enjoining the defendant from operating a […]

557 A.2d 1355 OPINION OF THE JUSTICES. No. 89-061.Supreme Court of New Hampshire Request of the Senate. Decided April 26, 1989. 1. Constitutional Law — Due Process — Generally The standard for determining whether a law or procedure violates due process is whether the law or procedure is fundamentally unfair. (Opinion of Chief Justice Brock […]

133 A.2d 490 BEATRIX THORNE SAGENDORPH v. OLIVER W. MARVIN a. No. 4580.Supreme Court of New Hampshire Cheshire.Argued June 4, 1957. Decided June 20, 1957. 1. The interest and dividends tax authorized to be levied upon income received from a nonresident trustee by an inhabitant of this state (RSA 77:1, 12) is a tax upon […]

354 A.2d 135 CHARLES H. SYLVAIN, AP’T v. PRISCILLA S. HENDERSON, EXECUTRIX OF THE WILL OF EUDORE J. SYLVAIN, AP’EE No. 6805Supreme Court of New Hampshire Strafford Decided January 31, 1976 1. The right to trial by jury in probate appeals is statutory rather than constitutional. 2. The superior court’s denial of the plaintiff’s motion […]

374 A.2d 1181 LINDA R. AMES v. FREDERICK L. AMES No. 7666Supreme Court of New Hampshire Rockingham Decided June 27, 1977 1. Divorce — Alimony — Discretion Amount of alimony to be awarded a spouse is largely within trial court’s discretion. 2. Divorce — Alimony — Computation In setting alimony, trial court could properly have […]

761 A.2d 462 EDWARD F. AND EDITH RECORD JENKS v. GERARD MENARD, JR. a. No. 98-451Supreme Court of New Hampshire Grafton Decided August 31, 2000 1. Limitation of Actions — Proceedings — Statutes Sole test for whether new action may be brought after adverse judgment, under New Hampshire’s one-year saving statute, is whether plaintiff’s right […]

509 A.2d 144 SEAN D. SHEEDY v. MERRIMACK COUNTY SUPERIOR COURT AND MERRIMACK COUNTY SHERIFF’S DEPARTMENT No. 83-472Supreme Court of New Hampshire Original Decided May 9, 1986 1. Constitutional Law — Due Process — Statutory Vagueness A statute or government regulation is void for vagueness when it either forbids or requires the doing of an […]

455 A.2d 1070 THE STATE OF NEW HAMPSHIRE v. PAUL A. PARADIS, JR. No. 82-057Supreme Court of New Hampshire Strafford Decided January 26, 1983 1. Mental Health — Commitment — Standard of Proof The language of the criminal commitment statute, “that it would be dangerous for him to go at large,” does not set a […]

413 A.2d 300 THE STATE OF NEW HAMPSHIRE v. WAYNE J. KELLEY No. 79-216Supreme Court of New Hampshire Hillsborough Decided January 24, 1980 1. Evidence — Circumstantial Evidence — Generally A fact may be proved by circumstantial evidence. 2. Evidence — Circumstantial Evidence — Generally Circumstantial evidence consists of proof of facts or circumstances which […]

512 A.2d 1098 LIBERTY MUTUAL INSURANCE COMPANY v. CUSTOMBILT, INC. No. 84-562Supreme Court of New Hampshire Hillsborough Decided June 5, 1986 1. Appeal and Error — Findings — Supporting Evidence Findings and rulings of the trial court must be sustained unless they are lacking in evidential support or tainted by error of law. 2. Witnesses […]

493 A.2d 447 In re ARTHUR M. BROWN No. 84-388Supreme Court of New Hampshire Grafton County Probate Court Decided March 28, 1985 1. Constitutional Law — Due Process — Treatment of Mentally Ill In determining whether the procedural safeguards of chapter governing civil commitment protect in individual’s due process rights, a balancing test involving consideration […]

629 A.2d 807 THE STATE OF NEW HAMPSHIRE v. WILLIAM A. YATES, II No. 91-499Supreme Court of New Hampshire Strafford Decided August 5, 1993 1. Constitutional Law — Due Process — Generally Burglary conviction obtained through false evidence violated Fourteenth Amendment Due Process protection, where witness testified falsely that he had nothing to do with […]

562 A.2d 168 KNOX LEASING a. v. ROBERT K. TURNER a. TOWN OF NOTTINGHAM v. ROBERT A. BONSER a. No. 87-242 No. 88-107Supreme Court of New Hampshire Merrimack Rockingham Decided August 9, 1989 1. Attorney and Client — Unauthorized Practice — Generally In New Hampshire there exists a strong public policy against the unauthorized practice […]

427 A.2d 53 CITY OF ROCHESTER a. v. WILLIAM SMITH a. No. 80-337Supreme Court of New Hampshire Strafford Decided March 11. 1981 Appeal and Error — Remand — Scope Workmen’s compensation claimant who had full opportunity in original trial to litigate and submit evidence on duration of his disability was not entitled, on remand to […]

112 A.2d 882 OSCAR W. CEDERGREN v. FREDERICK N. CLARKE, Commissioner. No. 4393.Supreme Court of New Hampshire Hillsborough.Argued March 1, 1955. Decided March 25, 1955. Where more severe penalties are prescribed by statute for a subsequent criminal offense they may not be imposed in the absence of an allegation and proof of a prior conviction. […]

604 A.2d 565 JOHN W. O’CONNOR v. ANDREW HANCOCK No. 91-120Supreme Court of New Hampshire Auburn District Court Decided February 24, 1992 1. Judgment — Summary Judgment — Generally A motion for summary judgment may be granted only where no genuine issue of material fact is present, and the moving party is entitled to judgment […]

165 A.2d 587 MARCEL SIROIS v. ROBERT H. LAQUERRE a. No. 4885.Supreme Court of New Hampshire Hillsborough.Argued November 3, 1960. Decided November 30, 1960. 1. Where certain argument of counsel to the jury, commenting with respect to testimony by a medical expert as to what he “intended” to charge as a witness fee, querying whether […]

839 A.2d 18 IN THE MATTER OF GARY F. HALLER AND DAWN MILLS. No. 2003-106.Supreme Court of New Hampshire MerrimackArgued: November 6, 2003. Opinion Issued: December 30, 2003. 1. Parent and Child — Child Support — Duty of Support Once paternity has been established, the father is liable for the necessary support of the child. […]

517 A.2d 846 THE STATE OF NEW HAMPSHIRE v. DEREK S. LAKIN No. 85-284Supreme Court of New Hampshire Coos Decided October 3, 1986 1. Sexual Assault — Aggravated Felonious Sexual Assault — Elements The aggravated felonious sexual assault statute does not require proof of the exact date of the assault as an element, and therefore […]

564 A.2d 818 APPEAL OF PSYCHIATRIC INSTITUTES OF AMERICA APPEAL OF LAKE SHORE HOSPITAL APPEAL OF MEDIPLEX, INC. (New Hampshire Health Services Planning and Review Board) No. 88-397Supreme Court of New Hampshire Health Services Planning and Review Board Decided August 23, 1989 1. Public Health and Welfare — Institutional Health Services — Certificate of Need […]

629 A.2d 1347 THE STATE OF NEW HAMPSHIRE v. JEFFREY A. BROOKS No. 92-089Supreme Court of New Hampshire Hillsborough Decided August 19, 1993 1. Criminal Law — Double Jeopardy — Generally The essential question of the double jeopardy test under the New Hampshire Constitution is whether the facts charged in the second indictment would, if […]