Category: New Hampshire Court Opinions

430 A.2d 131 CONSTANCE F. SAUCIER v. NORMAN R. SAUCIER No. 79-431Supreme Court of New Hampshire Hillsborough Decided May 7, 1981 1. Divorce — Custody and Support of Children — Presumptions Where there were no requests for findings or transcript of the prior hearing on child support payments, it was assumed that the trial court, […]

453 A.2d 1285 JARIB M. SANDERSON, JR., a. v. TOWN OF GREENLAND a. No. 81-063Supreme Court of New Hampshire Rockingham Decided December 10, 1982 1. Res Judicata — Generally — Civil Actions Neither res judicata nor collateral estoppel applies to persons who were not parties nor in privity with a party to previous litigation in […]

311 A.2d 124 BOARD OF SELECTMEN OF THE TOWN OF PITTSFIELD v. SCHOOL BOARD OF PITTSFIELD SCHOOL DISTRICT No. 6725Supreme Court of New Hampshire Merrimack Decided October 31, 1973 1. The Municipal Budget Law (RSA ch. 32) was designed to control the appropriation and expenditure of money in municipalities, including school districts. 2. School board […]

164 A.2d 242 MASSACHUSETTS BONDING AND INSURANCE COMPANY v. CHRISTINE G. NUDD. No. 4828.Supreme Court of New Hampshire Rockingham.Argued September 7, 1960. Decided October 4, 1960. 1. In a motion to strike a default judgment entered in an action by a surety for indemnity for payments made on a conservator’s bond the fact that the […]

13 A.2d 143 STATE v. KENNETH G. MOORE. No. 3114.Supreme Court of New Hampshire Municipal Court of Concord. Decided April 2, 1940. A lawful business having no special features tending to produce public harm or to prevent public benefit cannot be subjected to the requirement that a person seeking to engage in it must establish […]

437 A.2d 266 THE STATE OF NEW HAMPSHIRE v. JOHN F. STAPLES No. 80-377Supreme Court of New Hampshire Grafton Decided November 16, 1981 1. Constitutional Law — Right to Effective Counsel — Fundamental Right Effective assistance of counsel is a right fundamental to criminal defendants and is required by both the federal and State constitutions. […]

843 A.2d 332 THE STATE OF NEW HAMPSHIRE v. PAUL B. GATCHELL. No. 2003-070.Supreme Court of New Hampshire Exeter District CourtArgued: January 21, 2004. Opinion Issued: March 12, 2004. 1. Highways — Motor Vehicles — Drivers Licenses The language of the statute authorizing courts to suspend driver’s licenses for cause gives unambiguous notice to a […]

417 A.2d 4 MARILYN L. ROBBINS v. KALWALL CORPORATION No. 80-119Supreme Court of New Hampshire Hillsborough Decided June 18, 1980 1. Torts — Products Liability — Evidence Where employee, injured in a job-related incident, sought to pursue possible third-party claim against unknown manufacturer and/or designer of oven the asserts caused her injuries, even though her […]

73 A.2d 430 STATE v. OLIVER GOBIN. No. 3873.Supreme Court of New Hampshire Rockingham. Decided May 2, 1950. Possession of property recently stolen is some evidence from which the jury may find as a fact that it was stolen by the respondent. The absence of a confession or lack of an eye witness to the […]

407 A.2d 819 GEORGE E. MICHAEL v. CITY OF ROCHESTER No. 79-055Supreme Court of New Hampshire Strafford Decided October 12, 1979 1. Statutes — Construction and Application — Retrospective Operation Remedial or procedural statute may be applied retroactively to a case that was pending when statute became law. 2. Statutes — Construction and Application — […]

143 A.2d 675 ROBERT FOLLETT v. JOHN RAMSEY, Ancillary Adm’r a. No. 4604.Supreme Court of New Hampshire Carroll.Argued June 3, 1958. Decided July 1, 1958. 1. Where the allegations of a petition under RSA 556:28, for leave to file a claim and prosecute an action against the estate of a deceased person, if proved, would […]

95 A.2d 140 KATHLEEN F. STARKEY v. WALTER R. HARVEY a. No. 4167.Supreme Court of New Hampshire Rockingham. Decided March 3, 1953. Matters pertaining to the taking of depositions are for the Trial Court in the exercise of its discretion as to what justice may require in the particular circumstances. PETITION, by the plaintiff seeking […]

6 A.2d 760 DANIEL B. LEARY v. MANCHESTER No. 3069Supreme Court of New Hampshire Hillsborough Decided May 31, 1939 A city acquired by deed the right to construct and maintain a ditch across land of the grantor whereby to drain off surface water. The deed was on condition that “no unnecessary or unreasonable damage to […]

30 A.2d 479 LACONIA v. JOSEPH J. MORIN. No. 3367.Supreme Court of New Hampshire Belknap. Decided February 2, 1943. The acts of the provincial legislature (3 N.H. Laws 338, 351) in pursuance of which the Province Road was laid out about 1770 manifests an intention to take no more than was necessary for suitable travel […]

213 A.2d 420 MARYLAND CASUALTY COMPANY a. v. ETHELYN G. HOWE a. No. 5336.Supreme Court of New Hampshire Sullivan.Argued June 1, 1965. Decided October 5, 1965. 1. The purpose of the uninsured motorists endorsement required under the financial responsibility act (RSA 268:1 VII (supp)) is to provide a more complete protection for those injured by […]

665 A.2d 1083 THE STATE OF NEW HAMPSHIRE v. JOHN LaFOREST No. 94-176Supreme Court of New Hampshire Belknap Decided October 6, 1995 1. Criminal Law — Arraignment and Pleas — Plea Bargaining Limitation of discovery contained in State’s plea offer letter did not violate defendant’s right to due process or render his guilty pleas involuntary […]

644 A.2d 551 THE STATE OF NEW HAMPSHIRE v. DONALD BRIERE No. 93-147Supreme Court of New Hampshire Hillsborough-southern judicial district Decided July 6, 1994 1. Witnesses — Competency — Generally Witnesses are presumed competent to testify; although presumption may be overcome by findings that witness lacks sufficient capacity to observe, remember and narrate as well […]

531 A.2d 323 THE STATE OF NEW HAMPSHIRE v. JERRY L. MURRAY No. 86-239Supreme Court of New Hampshire Strafford Decided August 11, 1987 1. Evidence — Failure To Preserve — State’s Burden of Proof Once a defendant demonstrates that the State has lost or destroyed apparently relevant evidence, the State has the burden to demonstrate […]

689 A.2d 671 THE STATE OF NEW HAMPSHIRE v. CARLETON HALEY No. 94-443Supreme Court of New Hampshire Merrimack Decided January 23, 1997 1. Evidence — Prior Acts and Proceedings — Grounds for Admissibility Where the State asked the court to use a sexual assault victim’s depositions to determine whether prior unchanged abuse occurred, the court […]

409 A.2d 784 S. CARL NOWELL v. UNION MUTUAL FIRE INSURANCE COMPANY AND AMOSKEAG INSURANCE AGENCY CORP. UNION MUTUAL FIRE INSURANCE CO. v. AMOSKEAG INSURANCE AGENCY CORP. No. 79-089Supreme Court of New Hampshire Rockingham Decided December 12, 1979 1. Principal and Agent — Insurance Agents — Due Diligence An insurance agent has a duty to […]

415 A.2d 335 SHIRLEY SOUCY v. NICHOLAS KOUSTAS No. 79-297Supreme Court of New Hampshire Hillsborough Decided May 22, 1980 1. Jury — Voir Dire — Court’s Discretion It is within sound discretion of trial court to accept or reject party’s proposed questions for examination of prospective jurors. RSA 500-A:22. Page 382 2. Jury — Voir […]

418 A.2d 224 PAULETTE B. GUERIN, EXECUTRIX OF ESTATE OF JEANNE BRICE AND ROBERT C. BRICE v. NEW HAMPSHIRE CATHOLIC CHARITIES, INC. d/b/a ST. FRANCIS HOME No. 79-371Supreme Court of New Hampshire Belknap Decided June 25, 1980 1. Limitation of Actions — Generally Statutes of limitation are procedural limitations upon a party’s right to sue […]

24 A.2d 625 MARYLAND CASUALTY COMPANY v. NELSON GENDRON. No. 3278.Supreme Court of New Hampshire Hillsborough. Decided February 3, 1942. In an action by a surety for reimbursement against his principal the latter cannot defend on the ground that he has brought a proceeding to vacate the judgment of the obligee against him. A surety […]

13 A.3d 232 FIRST BERKSHIRE BUSINESS TRUST a. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION a. No. 2009-850.Supreme Court of New Hampshire. Hillsborough-northern judicial district.Argued: October 14, 2010. Opinion Issued: November 24, 2010. 1. Taxation — Generally — Construction of Tax Laws A court construes an ambiguous tax statute against the taxing authority rather […]

489 A.2d 137 EDWARD RYAN v. PERINI POWER CONSTRUCTORS, INC. AND COMMERCIAL UNION INSURANCE COMPANIES No. 84-231Supreme Court of New Hampshire Strafford Decided February 22, 1985 1. Workers’ Compensation — Appeal and Review — Late Filing The words “accident, mistake or misfortune” in statute allowing late appeal of workers’ compensation decision by labor commissioner import […]

408 A.2d 412 LACONIA CLINIC, INC. v. THOMAS F. CULLEN, M.D. No. 79-021Supreme Court of New Hampshire Belknap Decided November 14, 1979 1. Contracts — Construction — Implied Terms Terms which are plainly or necessarily implied in the language of a contract are as much a part of it as those which are expressed. 2. […]

565 A.2d 1044 PETITION OF WAYNE BREAU (New Hampshire State Board of Education) No. 88-355Supreme Court of New Hampshire Original Decided November 13, 1989 1. Certiorari — Scope of Review — Action of State Agency Certiorari jurisdiction to review administrative orders is limited to enquiring whether the agency exceeded its jurisdiction or authority, otherwise acted […]

470 A.2d 906 THE STATE OF NEW HAMPSHIRE v. JOSEPH R. PALAMIA No. 82-584Supreme Court of New Hampshire Hillsborough Decided December 27, 1983 1. Criminal Law — Confessions — Voluntariness For the defendant’s confession, which was obtained as a result of an illegal arrest, to be admissible, the State must show that the act of […]

371 A.2d 456 WILLIAM FITZGERALD a. v. PETER N. SARGENT No. 7281Supreme Court of New Hampshire Carroll Decided February 28, 1977 1. Appeal and Error — Burden of Showing Prejudice — Absence of Transcript In the absence of any showing of prejudice to the defendant by the omission from the record on appeal of the […]

786 A.2d 854 APPEAL OF PATRICIA FOURNIER (New Hampshire Compensation Appeals Board) No. 96-356Supreme Court of New Hampshire Compensation Appeals Board Decided December 11, 2001 1. Workers’ Compensation — Proceedings to Secure Compensation— Evidence In determining permanent impairment award, compensation appeals board could have properly considered the Guides to the Evaluation of Permanent Impairment published […]

586 A.2d 77 THE STATE OF NEW HAMPSHIRE v. NELSON SANTANA No. 88-484Supreme Court of New Hampshire Hillsborough Decided January 28, 1991 1. Searches and Seizures — Warrantless Searches — Reasonableness Under the New Hampshire Constitution, warrantless entries are per se unreasonable searches and seizures and are thus illegal unless entry is made pursuant to […]

325 A.2d 784 STATE OF NEW HAMPSHIRE v. ERNEST GEORGE VARNEY No. 6934Supreme Court of New Hampshire Hillsborough Decided September 30, 1974 1. Although most cases elaborating RSA 585:22 involve serious bodily injury, the offense of aggravated assault is not so limited. 2. An apparent ability to inflict serious bodily harm is sufficient to constitute […]

599 A.2d 500 BANKEAST v. CHARLES MICHALENOICK No. 90-608Supreme Court of New Hampshire Sullivan Decided November 8, 1991 1. Judgments — Summary Judgment — Generally Summary judgment disposes of controversies on their merits without a trial when there is no real dispute as to the salient facts or if only a question of law is […]

681 A.2d 650 TOWN OF PLAISTOW v. JAMES AND KAREN RIDDLE d/b/a TIMBERLANE AUTO No. 95-743Supreme Court of New Hampshire Rockingham Decided August 15, 1996 1. Appeal and Error — Motion for Rehearing — Particular Cases A zoning board of adjustment (ZBA) “appeal” under RSA 677:4 is an “action” under RSA 508:10, allowing defendants to […]

433 A.2d 1269 TOWN OF MILFORD v. LOUIS BOTTAZZI No. 80-225Supreme Court of New Hampshire Hillsborough Decided August 5, 1981 1. Zoning — Residential Districts — Home Occupations Where defendant, appealing from order enjoining continued operation of part-time automobile and truck repair business at residence, contended that “home occupation” was by definition an income-producing activity […]

59 A.2d 341 AMERICAN STEEL AND IRON COMPANY v. GEORGE A. WOOSTER a. No. 3738.Supreme Court of New Hampshire Merrimack. Decided June 1, 1948. Where under an agreement for the sale of personalty, the vendee acquired no title, or right to immediate possession, he cannot maintain replevin for the property. An officer who attached personalty […]

772 A.2d 326 THE STATE OF NEW HAMPSHIRE v. DONALD CARTER. No. 99-357Supreme Court of New Hampshire Belknap Decided May 1, 2001 1. Criminal Law — Self-Incrimination — Generally Protection of the Fifth Amendment of the United States Constitution not only permits person to refuse to testify against himself at a criminal trial in which […]

77 A.2d 589 EMERY N. EATON a. v. RALPH O. BRAGG No. 3966Supreme Court of New Hampshire Rockingham Decided January 2, 1951 The offices of town clerk and tax collector may not legally be merged by vote at a town meeting. PETITION by Emery N. Eaton and others for a declaratory judgment to determine the […]

30 A.2d 7 MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE AUTHORITY v. RICHARD H. HAM ESTATE. No. 3387.Supreme Court of New Hampshire Rockingham. Decided January 5, 1943. On a petition brought by the Maine-New Hampshire Interstate Bridge Authority to assess damages for taking a certain strip of land of the defendant for construction of the New Hampshire approach […]

74 A.2d 381 HARRY I. SOBLE, INC. v. THE FISKE LUMBER COMPANY. No. 3929.Supreme Court of New Hampshire Rockingham. Decided July 6, 1950. In an action of assumpsit, the filing of a counterclaim, although improper, may be considered as a plea of set-off. A corporation may be a party to a contract of novation and […]

727 A.2d 979 GERARD CUSSON a. v. DENNIS A. BEAUREGARD No. 97-311Supreme Court of New Hampshire Rockingham Decided March 5, 1999 1. Negligence — Generally — Elements Even assuming defendant’s modified snow plow attachment caused enhanced injuries to motorcyclist who ran red light, defendant did not breach any duty by proceeding through green light with […]

741 A.2d 66 APPEAL OF AMALGAMATED TRANSIT UNION, LOCAL 717 (New Hampshire Public Employee Labor Relations Board) No. 98-038Supreme Court of New Hampshire Public Employee Labor Relations Board Decided November 23, 1999 1. Administrative Law — Powers of Agency — Generally Administrative agencies may, within confines of their limited subject matter jurisdiction, decline to enforce […]

490 A.2d 772 DANIEL BELANGER BY HIS FATHER AND NEXT FRIEND, ALBERT E. BELANGER v. GLORIA J. TEAGUE No. 84-193Supreme Court of New Hampshire Rockingham Decided February 15, 1985 Verdict — Additur and Remittitur An additur may be granted upon a jury verdict only if the defendant waives a new trial, and where defendant properly […]

737 A.2d 1118 JAMES AND ROSEMARY CURRIER v. AMERIGAS PROPANE, L.P. No. 97-908Supreme Court of New Hampshire Rockingham Decided August 6, 1999 Workers’ Compensation — Defenses — Immunity From Suit General partner’s immunity from suit extended to limited partnership, and therefore injured worker’s claims against limited partnership were barred by exclusive remedy provision of Workers’ […]

556 A.2d 755 TOWN OF WOLFEBORO (PLANNING BOARD) v. CHARLES H. SMITH a. No. 87-434Supreme Court of New Hampshire Carroll Decided March 6, 1989 1. Statutes — Construction and Application — Generally First step in statutory construction is an examination of the language found in the statute. 2. Statutes — Construction and Application — Surplusage […]

309 A.2d 919 BRUCE ANTHONY v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY No. 6432Supreme Court of New Hampshire Original Decided September 28, 1973 1. RSA 417-A:1 II (Supp. 1972)’s provision that any automobile liability insurance policy issued with a policy period of less than 12 months shall, for the purposes of RSA ch. 417-A (Supp. 1972), […]

761 A.2d 451 THE STATE OF NEW HAMPSHIRE v. PAUL KULAS No. 99-068Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided August 31, 2000 1. Witnesses — Credibility — Jury Issue Determination of witness credibility rests solely with jury, and trial court must ensure that an expert’s testimony does not supplant jury’s responsibility to use […]

132 A.2d 144 STATE v. KENNETH W. BALL. No. 4571.Supreme Court of New Hampshire Rockingham.Argued May 7, 1957. Decided May 31, 1957. 1. Indictments charging the respondent as an accessory before the fact to attempted murder and assault with intent to rob in that he “did feloniously incite, move, procure and counsel [the principal] the […]

627 A.2d 102 APPEAL OF MICHELLE PRITCHARD (New Hampshire Personnel Appeals Board) No. 92-137Supreme Court of New Hampshire Personnel Appeals Board Decided June 18, 1993 1. Statutes — Maxims and Rules of Construction — Unambiguous Statutes and Plain Meaning In construing the word “action” in a governing statute during an appeal of New Hampshire Personnel […]

20 A.3d 912 NORTHERN SECURITY INSURANCE COMPANY v. MICHAEL CONNORS a. No. 2010-152.Supreme Court of New Hampshire. Rockingham.Argued: January 13, 2011. Opinion Issued: March 31, 2011. 1. Insurance — Policies — Construction Interpretation of an insurance policy is a question of law. A court construes the language of an insurance policy as would a reasonable […]

276 A.2d 920 BEVERLY R. DAMON v. STEPHEN F. DAMON. No. 6172.Supreme Court of New Hampshire Carroll, Decided April 30, 1971. 1. If an order for support of children under RSA 458:17 does not expressly provide for the cessation of payments, the order continues in effect until it is modified by judicial action. 2. Accordingly, […]

389 A.2d 937 THE STATE OF NEW HAMPSHIRE v. FRANCIS D. SHANAHAN a. No. 78-044Supreme Court of New Hampshire Hillsborough Decided July 18, 1978 1. Eminent Domain — Compensation for Loss — Restriction on Right to Access Although a landowner’s right of access may be limited by public regulations, at some point the right of […]

28 A.2d 593 VIOLET R. ARCHIBALD, Adm’x of the Estate of Everett C. Archibald v. BOSTON MAINE RAILROAD. EDNA O. SWAIN, Adm’x of the Estate of Stephen C. Swain, Sr. v. SAME. EDNA O. SWAIN, Adm’x of the Estate of Stephen C. Swain, Jr. v. SAME. No. 3330Supreme Court of New Hampshire Belknap. Decided June […]

7 A.2d 396 DOROTHY S. FOLEY v. JOSEPH F. FOLEY No. 3090Supreme Court of New Hampshire Rockingham Decided June 22, 1939 A resulting trust in a “ground lease” may be established by parol evidence that one person furnished the consideration for the purchase and the title was taken in the name of another. Where a […]

887 A.2d 132 THE STATE OF NEW HAMPSHIRE v. DEREK SEAN PIERCE. No. 2004-491.Supreme Court of New Hampshire Durham District Court.Argued: September 15, 2005. Opinion Issued: December 2, 2005. 1. Offenses — Particular Offenses — Harassment Even if it is assumed that the savings clause in the harassment statute is an affirmative defense, the statute […]

163 A.2d 6 EUGENE R. ACKLEY a. v. NASHUA a. No. 4825.Supreme Court of New Hampshire Hillsborough.Argued May 3, 1960. Decided July 19, 1960. 1. The Nashua zoning ordinance (Art. IX, s. 45-A (5)) requiring applications for variances in the use of land or structures to be accompanied by the written consent of a certain […]

453 A.2d 1295 FREDERIC T. GREENHALGE v. TOWN OF DUNBARTON No. 82-044Supreme Court of New Hampshire Merrimack Decided December 23, 1982 1. Taxation — Timber Severance Tax — Purpose Yield taxes promote conservation by removing the pressure to harvest prematurely because there is no taxation before the realization of income from the sale of severed […]