Category: New Hampshire Court Opinions

355 A.2d 431 RENE W. TREMBLAY v. TOWN OF HUDSON No. 7278Supreme Court of New Hampshire Hillsborough Decided March 31, 1976 1. Administrative remedies do not have to be exhausted if the issue in an appeal from a zoning board’s denial of a petition for a variance is whether the zoning ordinance is valid or […]

382 A.2d 365 ROLAND LESSARD v. CITY OF MANCHESTER FIRE DEPARTMENT a. No. 7851Supreme Court of New Hampshire Hillsborough Decided January 23, 1978 1. Workmen’s Compensation — Partial Disability — Recovery for Where fireman, who received back injuries when he fell from fire truck, had received compensation from insurance company for partial disability for total […]

140 A.2d 92 Chester H. Cyr v. George Sanborn. No. 4616.Supreme Court of New Hampshire Merrimack.Argued March 4, 1958. Decided March 20, 1958. 1. The jury was properly instructed that the defendant, who filed a special plea and counterclaim to a negligence action, violated the turning signal statute (RSA 263:34-36) where the evidence established that […]

666 A.2d 937 APPEAL OF ALTON SCHOOL DIST. Public Employee Labor Relations Board APPEAL OF ALTON SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) APPEAL OF ROCHESTER FEDERATION OF TEACHERS (New Hampshire Public Employee Labor Relations Board) APPEAL OF CONWAY SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) Nos. 93-164, 93-684, 93-685, 94-059Supreme […]

722 A.2d 498 APPEAL OF CNA INSURANCE COMPANIES (New Hampshire Compensation Appeals Board) No. 97-102Supreme Court of New Hampshire Compensation Appeals Board Decided December 30, 1998 1. Statutes — Enactment — Prospective or Retroactive Operation Where employee’s injuries and employer’s report to special second injury fund occurred before amendment and recodification of workers’ compensation statute, […]

726 A.2d 1285 JOHN LANGLOIS v. ALAN AND MICHELLE POMERLEAU No. 97-490Supreme Court of New Hampshire Rockingham Decided March 18, 1999 1. Parent and Child — Generally — Parental Rights and Duties Defendant parents’ motion for judgment notwithstanding the verdict should have been granted on landlord’s claim of negligent supervision in connection with fire allegedly […]

578 A.2d 850 THE STATE OF NEW HAMPSHIRE v. DUANE KILLAM No. 89-276Supreme Court of New Hampshire Cheshire Decided July 27, 1990 1. Trial — Introduction of Evidence — Timely Objection Evidence should be objected to when it is offered and before it is admitted, or at earliest possible opportunity after its objectionable character becomes […]

629 A.2d 778 RICHARD AND SUSAN SHERMAN v. EDWARD MULLIGAN, IV No. 92-234Supreme Court of New Hampshire Belknap Decided July 7, 1993 1. Judgments — Summary Judgment — Standard for Granting Trial courts grant summary judgment when, after considering affidavits and any other evidence in the light most favorable to non-moving party, there is not […]

121 A.2d 799 STEPHEN SLEEPER v. WORLD OF MIRTH SHOW, INC. No. 4465.Supreme Court of New Hampshire Strafford.Argued February 8, 1956. Decided March 29, 1956. Failure of the plaintiff to allege negligence on the part of the defendant in his writ did not preclude recovery since negligence was claimed on pretrial, and the writ could […]

887 A.2d 129 THE STATE OF NEW HAMPSHIRE v. TIMOTHY LUCIER. No. 2004-594.Supreme Court of New Hampshire Coos.Argued: September 14, 2005. Opinion Issued: November 30, 2005. 1. Evidence — Real Evidence — Caller ID Evidence Because the information displayed on a caller ID box is not a matter so distinctly related to some science, profession, […]

82 A.2d 418 CAROLINE A. STEVENS a. v. ALFRED G. STEVENS, No. 4055.Supreme Court of New Hampshire Hillsborough. Decided July 9, 1951. In a devise by the testator of his residuary estate to his widow the phrase “without accountability to anyone” is indicative that the estate devised was intended to be more than a life […]

594 A.2d 160 THE STATE OF NEW HAMPSHIRE v. ROBERT A. REID No. 90-291Supreme Court of New Hampshire Merrimack Decided July 8, 1991 1. Criminal Law — Statutory Provisions — Willfulness Under statute defining crime of resisting arrest, the requisite mental state, “knowingly,” applies to each material element of the offense, and therefore in order […]

32 A.2d 313 VINA G. HANSON, Adm’x v. ROGER N. BLAKE, Adm’r. SAME v. SUNCOOK VALLEY RAILROAD. ROGER N. BLAKE, Adm’r v. SUNCOOK VALLEY RAILROAD, a. No. 3404.Supreme Court of New Hampshire Belknap. Decided May 4, 1943. In an action against a railroad for negligently causing the death of an automobile passenger at a highway […]

543 A.2d 1385 NEW LONDON LAND USE ASSOCIATION v. NEW LONDON ZONING BOARD OF ADJUSTMENT a. No. 87-001Supreme Court of New Hampshire Merrimack Decided June 6, 1988 1. Statutes — Construction and Application — Plain Meaning Words of a statute will be interpreted according to their plain meaning. 2. Appeal and Error — Filing Appeal […]

802 A.2d 1209 THE STATE OF NEW HAMPSHIRE v. RYAN AUGER No. 2000-673Supreme Court of New Hampshire Hillsborough District CourtSubmitted April 15, 2002 Opinion Issued June 7, 2002 1. Criminal Law — Judgment and Sentence — Suspension ofSentence There is a condition of good behavior implied in both supspended and deferred sentences; the term “good […]

184 A.2d 452 MERTON PLUME v. ROSAIRE J. COUILLARD a. No. 5037.Supreme Court of New Hampshire Grafton.Argued June 6, 1962. Decided September 28, 1962. 1. The evidence warranted the finding that the injuries the plaintiff tenant sustained in a fall while descending an unlighted common stairway, in the control of the defendant landlords and maintained […]

20 A.2d 626 WILLIAM N. ROGERS v. UNITED STATES RUBBER COMPANY. No. 3244.Supreme Court of New Hampshire Carroll. Decided June 3, 1941. In an action for breach of an implied warranty of fitness for use of an automobile tire purchased by the plaintiff, the terms of a “warehouse agreement” between the defendant and the person […]

412 A.2d 747 RICHARD MOREL v. ROXANNE (MOREL) MARABLE No. 79-171Supreme Court of New Hampshire Rockingham Decided March 13, 1980 1. Courts — Jurisdiction — Determination When a claim is made that the court has no jurisdiction to act, it is essential that the issue be fully litigated before the case continues. 2. Courts — […]

268 A.2d 844 ELSIE G. CROCKER v. THE COLLEGE OF ADVANCED SCIENCE d/b/a CANAAN COLLEGE. No. 6043.Supreme Court of New Hampshire Grafton. Decided July 20, 1970. 1. The use of a sewage easement is determined by the terms of the grant creating it, considered in the light of the surrounding circumstances, and the owner of […]

345 A.2d 389 ELISE PATRICK v. MAURICE A. MORIN, M.D. No. 7075Supreme Court of New Hampshire Rockingham Decided September 30, 1975 1. Fairness and equity require that the cause of action for malpractice not accrue until the patient learns or in the exercise of reasonable care should have learned of the presence of a foreign […]

533 A.2d 346 THE STATE OF NEW HAMPSHIRE v. ERNEST THERRIEN No. 86-324Supreme Court of New Hampshire Merrimack Decided October 9, 1987 1. Indictment and Information — Amendment — Particular Cases Trial court’s charge in first degree murder case, which allowed the jury to convict defendant as an accomplice if he aided the principal by […]

257 A.2d 11 LOUISE VARNEY a v. GENERAL ENOLAM, INC. a. No. 5767.Supreme Court of New Hampshire Carroll.Submitted May 7, 1969. Decided September 30, 1969. 1. In an action to recover for labor and materials, in pursuance of which defendant’s property was attached, defendant’s counterclaim alleging malicious prosecution and abuse of process was held not […]

781 A.2d 995 APPEAL OF GARY WINTLE (New Hampshire Compensation Appeals Board) No. 99-521Supreme Court of New Hampshire Compensation Appeals Board Decided July 26, 2001 Modified October 25, 2001 1. Workers’ Compensation — Incidental Rights and Liabilities— Double Compensation Benefits Because a violation of RSA ch. 277, pertaining to safety and health of employees, is […]

451 A.2d 380 RICHARD J. MASSARO a. v. ANDRINA CARTER No. 82-026Supreme Court of New Hampshire Sullivan Decided September 8, 1982 1. Courts — Powers — Reconsideration of Decision The trial court has the power to reverse itself at any time prior to final judgment if the interests of justice so require. 2. Courts — […]

593 A.2d 241 OSSIPEE AUTO PARTS, INC. a. v. OSSIPEE PLANNING BOARD No. 90-239Supreme Court of New Hampshire Carroll Decided July 3, 1991 1. Pleading — Motion To Dismiss — Tests and Standards Where a motion to dismiss challenges the plaintiff’s standing to sue, the trial court must look beyond the plaintiff’s unsubstantiated allegations and […]

817 A.2d 957 APPEAL OF VIJAY BASANI a. (New Hampshire Bureau of Securities Regulation) No. 2001-704Supreme Court of New Hampshire Bureau Of Securities RegulationArgued November 6, 2002 Opinion Issued March 14, 2003 1. Corporation — Stock — Transfer of Stock In connection with amendments of statutes governing registration and issuer-dealer licensing requirements, the legislature intended […]

484 A.2d 1091 THE STATE OF NEW HAMPSHIRE v. MICHAEL SMITH No. 83-149Supreme Court of New Hampshire Hillsborough Decided October 4, 1984 1. Evidence — Past Conduct — Admissibility In resolving the issue of admissibility of evidence of prior acts, the judge must determine that the evidence is relevant for a purpose other than showing […]

737 A.2d 1114 APPEAL OF LOUIS P. COTE, JR. (New Hampshire Compensation Appeals Board) No. 98-085Supreme Court of New Hampshire Compensation Appeals Board Decided August 6, 1999 1. Workers’ Compensation — Governing Law — Time of Accident Where disability results from recurrence of an earlier work-related injury, that earlier injury is true cause of disability, […]

786 A.2d 876 THE STATE OF NEW HAMPSHIRE v. CHRISTOPHER RICHARD No. 2000-109Supreme Court of New Hampshire Hillsborough-southern judicial district Decided December 21, 2001 1. Criminal Law — Double Jeopardy — Multiple Punishment In determining whether defendant is subject to multiple punishments for the same offense, it is necessary to determine the unit of prosecution […]

235 A.2d 518 TRUSTEES OF THE PROTESTANT EPISCOPAL CHURCH v. ROBERT DANAIS, Director. No. 5674.Supreme Court of New Hampshire Rockingham.Argued October 4, 1967. Decided November 30, 1967. 1. A testamentary devise to the trustees of a designated church of certain premises to be used as a rectory for the parish of such church “to be […]

438 A.2d 942 DORIS STUDWELL a. v. THE TRAVELERS INSURANCE COMPANY No. 81-232Supreme Court of New Hampshire Rockingham Decided December 8, 1981 1. Fraud — Burden of Proof In order to prevail in an action for misrepresentation, fraud or deceit, the plaintiff must prove that there was a misrepresentation of fact by clear and convincing […]

827 A.2d 985 THE STATE OF NEW HAMPSHIRE v. RODNEY SMITH No. 2001-719Supreme Court of New Hampshire StraffordArgued May 7, 2003 Opinion Issued July 18, 2003 1. Witnesses — Impeachment, Corroboration — Impeachmentof One’s Own Witness Evidentiary rule providing that the “credibility of a witness may be attacked by any party, including the party calling […]

176 A.2d 189 STATE v. CARL E. VALRAND. No. 4947.Supreme Court of New Hampshire Farmington Municipal Court.Submitted September 7, 1961. Decided December 27, 1961. 1. While the courts of this state have the power to suspend either the imposition or the execution of a criminal sentence, a court, having suspended sentence and upon a subsequent […]

540 A.2d 1212 THE STATE OF NEW HAMPSHIRE v. RICHARD COLBATH No. 86-390Supreme Court of New Hampshire Strafford Decided March 10, 1988 1. Constitutional Law — Speedy Trial — Tests In a claim of failure to provide a speedy trial, under analysis adopted in Barker v. Wingo, 407 U.S. 514 (1972), reasonableness of pretrial delay […]

424 A.2d 199 JOHN O’KEEFE a. v. ASSOCIATED GROCERS OF NEW ENGLAND, INC. AND LOCAL UNION NO. 633 OF THE TEAMSTERS’ UNION No. 79-311Supreme Court of New Hampshire Hillsborough Decided December 22, 1980 Workmen’s Compensation — Actions Against Employer — Violation of Union Contract Where workmen’s compensation law provided that an employee subject to the […]

469 A.2d 1302 THE STATE OF NEW HAMPSHIRE v. THOMAS P. WOODBURY No. 83-085Supreme Court of New Hampshire Belknap Decided December 7, 1983 1. Evidence — Past Offenses — Admissibility Evidence of a defendant’s prior criminal offenses is inadmissible in a criminal trial either to establish guilt or to show that a defendant would be […]

679 A.2d 585 FEDERAL NATIONAL MORTGAGE ASSOCIATION v. TOWN OF FREMONT No. 94-845Supreme Court of New Hampshire Rockingham Decided July 2, 1996 1. Mortgages — Generally — Notice of Tax Lien Deed Where a town acquired a tax lien on property upon the failure of the record owner and mortgagee to pay the taxes on […]

95 A.2d 786 PAUL E. BOHAN, Adm’r v. LORD KEENAN, INC. No. 4179.Supreme Court of New Hampshire Strafford. Decided April 7, 1953 In a petition for workmen’s compensation, the finding by the Trial Court of a causal connection between the decedent’s death by coronary thrombosis and an accidental lung injury sustained by the decedent in […]

743 A.2d 303 THE STATE OF NEW HAMPSHIRE v. TIMOTHY SCOVILL No. 97-482Supreme Court of New Hampshire Grafton Decided December 8, 1999 1. Evidence — Particular Matters — Completeness Doctrine Trial court erred in allowing unredacted portions of complainant’s journal to be admitted into evidence at trial for sexual assault; although defendant used one incident […]

702 A.2d 339 THE STATE OF NEW HAMPSHIRE v. MICHAEL SULLIVAN No. 96-278Supreme Court of New Hampshire Strafford Decided November 6, 1997 1. Criminal Law — Judgment and Sentence — Other Crimes While a trial court has wide discretion in choosing the sources and types of evidence on which to rely in imposing sentence, such […]

761 A.2d 389 CLAREMONT SCHOOL DISTRICT a. v. GOVERNOR a. (costs and attorney’s fees) No. 97-001Supreme Court of New Hampshire Merrimack Decided December 30, 1999 1. Courts — Judicial Power — Sovereign Immunity In New Hampshire, sovereign immunity of State is based on two separate grounds: State is immune from liability for torts committed by […]

584 A.2d 770 THE STATE OF NEW HAMPSHIRE v. LARRY POND No. 89-473Supreme Court of New Hampshire Hillsborough Decided December 28, 1990 1. Constitutional Law — Double Jeopardy — Attachment For the purpose of determining whether reindictment after prosecutor entered order of nolle prosequi violated prohibition against double jeopardy, jeopardy attached when the jury was […]

251 A.2d 330 OPINION OF THE JUSTICES. No. 5921.Supreme Court of New Hampshire Request of Governor and Council.Submitted March 7, 1969. Answer returned March 20, 1969. 1. The right of an individual to dispose of his property by will to individuals, public and private corporations, charities and public entities, including the State, is singularly free […]

459 A.2d 1143 THE STATE OF NEW HAMPSHIRE v. EDGAR HOLLER No. 81-395Supreme Court of New Hampshire Rockingham Decided March 28, 1983 1. Constitutional Law — Right to Counsel — Interrogations The trial court’s decision to grant defendant’s motion to suppress statements that he made to police in response to questioning after his arrest and […]

168 A.2d 493 LORA I. STEVENS a. v. WAYNE POLLEY. No. 4902.Supreme Court of New Hampshire Cheshire.Argued February 8, 1961. Decided March 20, 1961. 1. The admission of testimony of the plaintiff as to the speed at which defendant’s oppositely approaching motor vehicle was traveling prior to its collision with her parked vehicle was within […]

467 A.2d 568 WELD POWER INDUSTRIES, INC. v. C.S.I. TECHNOLOGIES, INC. No. 83-047Supreme Court of New Hampshire Rockingham Decided October 26, 1983 1. Courts — Jurisdiction — In Personam Jurisdiction In ruling on a motion to dismiss, all facts properly pleaded by the plaintiff are deemed true, and all reasonable inferences derived therefrom are construed […]

606 A.2d 800 PETITION OF STEPHEN MARKIEVITZ (New Hampshire Department of Labor) No. 91-175Supreme Court of New Hampshire Original Decided April 16, 1992 1. Workers’ Compensation — Appeal and Review — Certiorari Under workers’ compensation statute, permanent impairment awards of labor department are final; certiorari is therefore the proper remedy for review of department’s decision. […]

761 A.2d 494 EDWARD AND JOYCE BENNETT v. DAVID LEMBO No. 97-087Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided October 5, 2000 1. Damages — Measure of Damages — Torts Damages for loss of enjoyment of life are compensable under New Hampshire law, since to hold that such damages are not recoverable absent legislative […]

821 A.2d 1072 THE STATE OF NEW HAMPSHIRE v. CHARLES FOOTE No. 2000-532Supreme Court of New Hampshire Franklin District CourtArgued February 12, 2003 Opinion Issued April 18, 2003 1. Criminal Law — Right to Jury Trial — Waiver Where a formal jury waiver has occurred and a defendant proceeds to trial before the court, a […]

461 A.2d 1090 THE STATE OF NEW HAMPSHIRE v. ROBERT FENNELLY No. 81-229Supreme Court of New Hampshire Strafford Decided June 9, 1983 1. Judges — Disqualification — Per Se Rule of Disqualification A per se rule of disqualification due to the probability of unfairness applies when the trier of fact has pecuniary interests in the […]

599 A.2d 477 THE STATE OF NEW HAMPSHIRE v. ANDREW ELLISON, JR. No. 90-287Supreme Court of New Hampshire Rockingham Decided November 7, 1991 1. Evidence — Past Offenses — Issue of Prejudice Prejudice to a criminal defendant is inherent in evidence of other, similar crimes committed by the defendant. 2. Trial — Mistrial — Prejudice […]

379 A.2d 798 WILKO OF NASHUA, INC. a. v. TAP REALTY, INC. STAR MARKET CO., INC. AND STAR MARKET CO., DIVISION OF JEWEL COMPANIES, INC. No. 7610Supreme Court of New Hampshire Hillsborough Decided October 31, 1977 1. Contracts — Construction — General Introductory Language Although general terms of contract may be limited by words that […]

296 A.2d 470 LAWRENCE E. OLSON, SR. v. TOWN OF LITCHFIELD a. No. 6263.Supreme Court of New Hampshire Hillsborough. Decided July 24, 1972. 1. The case of Calawa v. Litchfield infra determined the issue in this case. 2. Declaratory judgment procedure is a proper and accepted method for attacking the validity of a zoning ordinance, […]

341 A.2d 764 MARIE HANSON a. v. BERNARD MANNING a. No. 7071Supreme Court of New Hampshire Rockingham Decided June 30, 1975 1. The scope of review in zoning cases is limited. 2. All findings of a zoning board are deemed prima facie lawful and reasonable and are not set aside except for errors of law, […]

592 A.2d 1154 PETER ESTABROOKS AND ESTHER ESTABROOKS v. TOWN OF JEFFERSON No. 90-484Supreme Court of New Hampshire Coos Decided June 12, 1991 1. Pleading — Form and Requisites — Generally Ultimately, the test of the validity of a form of procedure is whether or not it is what justice and convenience require. 2. Zoning […]