Category: New Hampshire Court Opinions

448 A.2d 407 GENEVIEVE D. JARVIS a. v. PRUDENTIAL INSURANCE COMPANY OF AMERICA No. 80-451 No. 81-048Supreme Court of New Hampshire Hillsborough Decided July 14, 1982 1. Pleading — Motion To Dismiss — Inferences In determining whether the defendant’s motion to dismiss should be granted, all facts properly pleaded are assumed to be true, and […]

629 A.2d 827 LAWRENCE DUROCHER, JR. v. ROCHESTER EQUINE CLINIC a. No. 92-522Supreme Court of New Hampshire Merrimack Decided August 10, 1993 1. Physicians and Surgeons — Malpractice Proceedings — Expert Testimony Where defendant veterinarian operated on the wrong animal, no medical expert testimony was necessary to determine whether veterinarian was negligent because, based on […]

126 A.2d 260 MABEL A. McREEL v. WILLIAM H. McREEL, G’d’n a. No. 4507.Supreme Court of New Hampshire Rockingham.Argued September 4, 1956. Decided October 31, 1956. The determination of whether the plaintiff ward’s interest would best be served by granting her motion seeking an order requiring her guardian to expend her funds to meet the […]

298 A.2d 118 OPINION OF THE JUSTICES. No. 6556.Supreme Court of New Hampshire Request of Governor and Council. Decided December 21, 1972. 1. The provision of RSA 12-A:3 that a director of economic development shall serve for a four-year term and until his successor is appointed and qualified was not intended to postpone the beginning […]

889 A.2d 420 THE STATE OF NEW HAMPSHIRE v. RICHARD EDSON. No. 2004-384.Supreme Court of New Hampshire Belknap.Argued: October 20, 2005. Opinion Issued: December 28, 2005. 1. Assault and Battery — Evidence — Particular Cases There was sufficient evidence to prove that defendant, a “Golden Gloves” boxer, caused bodily injury TO the victim under circumstances […]

543 A.2d 416 IN RE ESTATE OF WINIFRED TRASK No. 87-156Supreme Court of New Hampshire Coos County Probate Court Decided June 8, 1988 Descent and Distribution — Intestacy Statute First cousins once removed were not entitled by right of representation to share in estate of intestate who died in 1983, where decedent’s nearest kin were […]

547 A.2d 682 APPEAL OF ALBERT AND EDWARD BOSSELAIT (New Hampshire Department of Employment Security) No. 87-159Supreme Court of New Hampshire Department of Employment Security Decided July 8, 1988 1. Appeal and Error — Preservation of Questions — Failure To Present Below In unemployment compensation case, issue raised for first time before the appellate division […]

761 A.2d 1093 In re SAMANTHA L. No. 99-384Supreme Court of New Hampshire Merrimack Decided November 17, 2000 1. Appeal and Error — Preservation of Questions — Generally Issues that are briefed with only a passing reference and ignored in argument are not preserved for appeal. 2. Minors — Child Abuse — Statutes Proceedings under […]

362 A.2d 204 MARILYN J. FOWLER v. WILLIAM A. FOWLER, JR., a. No. 7320Supreme Court of New Hampshire Rockingham Decided July 30, 1976 1. Retirement funds, most of which provide for disability benefits as well (RSA 100-A:6 (Supp. 1975); RSA 103:15), are created for the protection of not only the employee, but of his family […]

442 A.2d 1003 FREDERICA J. KINGSBURY a. v. ALEXANDER C. SMITH, M.D., a. No. 81-150Supreme Court of New Hampshire United States District Court District of New Hampshire Decided March 10, 1982 1. Physicians and Surgeons — Malpractice — Liability of Physicians New Hampshire Supreme Court on a certification of questions from United States District Court […]

642 A.2d 1361 MICHELE J. SHAFMASTER v. JONATHAN S. SHAFMASTER No. 92-291Supreme Court of New Hampshire Rockingham Decided May 16, 1994 1. Divorce — Practice and Procedure — Review On appeal, findings and rulings of marital master will be affirmed unless they are unsupported by evidence or legally erroneous. 2. Divorce — Division of Property […]

444 A.2d 496 TOWN OF EPPING a. v. ST. PAUL FIRE AND MARINE INSURANCE CO. a. No. 81-072Supreme Court of New Hampshire Rockingham Decided March 19, 1982 1. Insurance — Coverage — Determination Under town’s policy for liability insurance, no coverage existed for alleged civil rights violations, even though the policy language at issue was […]

365 A.2d 1052 DENNIS J. SULLIVAN, MAYOR, CITY OF NASHUA v. MARGARET Q. FLYNN, PRESIDENT, NASHUA BOARD OF EDUCATION No. 7317Supreme Court of New Hampshire Hillsborough Decided September 30, 1976 1. Legislative amendments of Nashua city charter in 1969 did not limit authority of Nashua Board of Education, charged with fiscal management of schools, to […]

867 A.2d 441 THE STATE OF NEW HAMPSHIRE v. JOHN SWEENEY. No. 2003-578.Supreme Court of New Hampshire Belknap.Argued: October 13, 2004. Opinion Issued: January 24, 2005. 1. Criminal Law — Right to Represent Oneself — Assertion of Right To be effective, an assertion of the right to self-representation must be: (1) clear and unequivocal; (2) […]

313 A.2d 416 NEW HAMPSHIRE-VERMONT PHYSICIAN SERVICE v. JOHN A. DURKIN, INSURANCE COMMISSIONER No. 6685Supreme Court of New Hampshire Original Decided December 28, 1973 1. Scope of judicial review under a writ of certiorari is restricted to a determination of whether an administrative body has acted illegally in respect to jurisdiction, authority, or observance of […]

437 A.2d 722 GEORGE J. RIOUX v. GEORGE J. RIOUX, d/b/a FLEA MARKET AND LUMBERMAN’S MUTUAL CASUALTY COMPANY No. 81-003Supreme Court of New Hampshire Belknap Decided November 20, 1981 1. Appeal and Error — Findings — Master’s Findings Where question involved in an appeal was a factual one, depending upon the testimony and credibility of […]

320 A.2d 635 WILLIAM LANGEVIN a. v. HILLSBOROUGH COUNTY No. 6638Supreme Court of New Hampshire Hillsborough Decided May 31, 1974 1. A court of equity which has taken jurisdiction of a cause for any purpose will ordinarily retain jurisdiction for all purposes and decide all issues which are involved in the subject matter between the […]

404 A.2d 1106 GARY FLETCHER a. v. GEORGE FRISBEE No. 78-273Supreme Court of New Hampshire Rockingham Decided July 18, 1979 1. Landlord and Tenant — Rent and Lease Agreements — Option to Renew Time is of the essence in option agreements and this rule applies to lessee who wishes to exercise lease-renewal option; however, equity […]

379 A.2d 1262 STATE OF NEW HAMPSHIRE v. CITY OF PORTSMOUTH No. 7752Supreme Court of New Hampshire Rockingham Decided November 16, 1977 Appeal and Error — Questions Considered on Appeal — Effect of Newly Enacted Legislation In light of newly enacted legislation providing that property of New Hampshire State Port Authority is public property and […]

60 A.2d 136 ALICE MITCHELL v. CHARLES LEGARSKY and MARY LEGARSKY. No. 3751.Supreme Court of New Hampshire Hillsborough. Decided July 6, 1948. Exceptions properly taken to the denial of motions for a nonsuit and a directed verdict are not lost by failure to except to subsequent instructions which, in effect, reiterate the Court’s denial thereof. […]

260 A.2d 93 STATE v. VINCENT J. SCHENA. No. 5908.Supreme Court of New Hampshire Rockingham. Decided December 30, 1969. 1. The issue of the unconstitutionality of RSA 318-A:2 (Uniform Narcotic Drug Act) raised by defendant’s exception to the denial of his motion to quash the indictment was rendered moot by Laws 1969, 421:2. 2. The […]

937 A.2d 934 MARK POLAND a. v. PAUL J. TWOMEY a. No. 2006-763.Supreme Court of New Hampshire. Merrimack.Submitted: September 19, 2007. Opinion Issued: November 8, 2007. 1. Compromise and Settlement — Generally — Settlement Settlement agreements are contractual in nature and, therefore, are generally governed by principles of contract law. 2. Compromise and Settlement — […]

13 A.3d 315 APPEAL OF JOHNSON. (New Hampshire Board of Tax and Land Appeals) No. 201O-445.Supreme Court of New Hampshire. Board of Tax and Land Appeals.Argued: September 15, 2010. Opinion Issued: January 26, 2011. 1. Statutes — Generally — Language of Statute The terms “adjacent to,” “adjoining,” and “contiguous” are synonymous and mean In contact […]

605 A.2d 223 THE STATE OF NEW HAMPSHIRE v. GENEROSO KENNEDY MATOS No. 90-393Supreme Court of New Hampshire Hillsborough Decided March 25, 1992 1. Searches and Seizures — Knock and Announce Rule — Generally Knock and announce rule requires police officers who execute search warrants at places of residence to knock, announce their identity and […]

889 A.2d 3 LANE’S CASE. No. LD-2003-010.Supreme Court of New Hampshire Original.Argued: May 10, 2005. Opinion Issued: December 28, 2005. 1. Attorneys — Reprimand, Suspension and Disbarment — Standard of Review In professional conduct matters, the supreme court defers to the referee’s factual findings if supported by the record, but retains the ultimate authority to […]

306 A.2d 791 STATE OF NEW HAMPSHIRE v. PAUL S. KAWA No. 6196Supreme Court of New Hampshire Carroll Decided June 29, 1973 1. Trial court is not required to submit the issue of self-defense to a jury when there is no evidence to support the issue. 2. On the record in this case, statement of […]

51 A.2d 835 BERNARD E. DAVIS v. MAURICE R. OLMSTEAD. No. 3641.Supreme Court of New Hampshire Municipal Court of Keene. Decided March 4, 1947. In an action under R. L., c. 413 to recover possession of real estate, an exception to a municipal court’s ruling, which presents a mere question of law, may be transferred […]

744 A.2d 634 JEFFREY BINDA v. ROYAL INSURANCE COMPANY No. 97-688Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided January 31, 2000 1. Judgments — Declaratory Judgments — Practice and Procedure Declaratory judgment statute does not set forth a discovery rule such that six-month limitations period begins to run from date of discovery of facts […]

430 A.2d 1134 JOHN CESERE a. v. TOWN OF WINDHAM No. 80-331Supreme Court of New Hampshire Rockingham Decided June 12, 1981 Zoning — Site Plan Approval — Violation of Ordinance A town planning board may not approve a site plan which violates the express provisions of the town’s zoning ordinance, even if the application for […]

360 A.2d 892 WILFRED CLOUTIER, d.b.a. PINE POND ADULT MOBILE HOME PARK v. EPPING WATER AND SEWER COMMISSION No. 6774Supreme Court of New Hampshire Rockingham Decided May 29, 1976 1. District boundaries not established by the zoning ordinance itself at the time of enactment cannot be established by an official map not adopted according to […]

493 A.2d 472 In re KATHLEEN M. In re KATHLEEN D. In re CHARLES W. No. 84-006 No. 84-007 No. 84-122Supreme Court of New Hampshire Merrimack County Probate Court Decided April 18, 1985 1. Physicians and Surgeons — Privileged Communications — Nature of The physician-patient privilege is a qualified one which will yield when there […]

412 A.2d 1037 In re ROBERT C. No. 79-333Supreme Court of New Hampshire Hillsborough Decided March 13, 1980 1. Courts — District Court — Powers The district court possessed power to consider the State’s motion for modification of an order made after a hearing of which the State had notice but at which the State […]

395 A.2d 513 JAMILA ANSARA v. CITY OF NASHUA a. No. 78-121Supreme Court of New Hampshire Hillsborough Decided December 20, 1978 1. Taxation — Appraisal and Assessment — Abatements Poverty and inability to pay are good cause for a tax abatement. RSA 76:17. 2. Taxation — Appraisal and Assessment — Abatements The superior court is […]

329 A.2d 150 IN RE BRUCE MOLLOY No. 6893Supreme Court of New Hampshire Nashua District Court Decided November 29, 1974 1. No authority is granted to a juvenile court under RSA 169:14 (Supp. 1973) to levy a fine on a child found delinquent. 2. A court must act within the statutory framework in the exercise […]

525 A.2d 281 In re JOHN KEVIN B. No. 86-380Supreme Court of New Hampshire Strafford County Probate Court Decided April 3, 1987 1. Statutes — Construction and Application — Plain Meaning When interpreting a statute, the touchstone of legislative intent is the statutory language itself; and when possible, a statute should be construed consistently with […]

272 A.2d 588 CONCORD v. PEERLESS INSURANCE COMPANY. No. 6101.Supreme Court of New Hampshire Merrimack. Decided December 30, 1970. 1. A municipality insured under a faithful performance bond may recover for a loss which resulted when one of its employees negligently failed to faithfully perform his official duty to comply with the requirements of RSA […]

30 A.2d 11 THOMAS P. MOYLAN v. ALICE C. LAMOTHE. No. 3375.Supreme Court of New Hampshire Strafford. Decided January 5, 1943. In an action by a physician for services rendered the defendant, a “special plea in the nature of recoupment” claiming damages for malpractice is good, notwithstanding it seeks unliquidated damages. After the filing of […]

335 A.2d 652 THE VALLEY BANK v. STATE OF NEW HAMPSHIRE a. No. 7067Supreme Court of New Hampshire Board of Trust Company Incorporation Decided March 31, 1975 1. Injury resulting from competition is deemed a natural risk in our free enterprise economy and is rarely classified as legal harm. 2. The limited branch bank statute […]

813 A.2d 497 THE STATE OF NEW HAMPSHIRE v. Brian K. Patten No. 2001-354Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued October 16, 2002 Opinion Issued December 16, 2002 1. Homicide—Murder—Premeditation Where the trial court instructed the jury by offering several questions it might ask when considering the issue of premeditation and deliberation and then […]

574 A.2d 1375 DORIS MacNEILL v. WILMER L. AND MARY L. BROWNELL No. 88-426Supreme Court of New Hampshire Merrimack Decided May 23, 1990 1. Appeal and Error — Findings — Master’s Findings Appellants carry the burden of showing that master’s conclusions and recommendations are unsupported by the evidence or are erroneous as a matter of […]

8 A.2d 597 OPINION OF THE JUSTICES. No. 3117.Supreme Court of New Hampshire Decided July 31, 1939. Under Laws 1933, c. 87 an “Act for minimum wages for women and minors” the administration of the act is placed exclusively under the direction, control and supervision of the Commissioner of Labor, in the manner and under […]

451 A.2d 388 METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY v. KEVIN COTE a. No. 81-366Supreme Court of New Hampshire Hillsborough Decided September 10, 1982 1. Insurance — Automobile Policies — Coverage Where an automobile insurance policy provided coverage for bodily injury arising out of the ownership, maintenance, or use, including loading or unloading, of the […]

178 A.2d 685 CAMILLE BOUCHER v. THE JOHN SWENSON GRANITE COMPANY, INC. a. No. 4978.Supreme Court of New Hampshire Merrimack.Argued October 3, 1961. Decided March 6, 1962. 1. Where the medical evidence established that the plaintiff prior to commencement of his employment with the defendant was afflicted with an early stage of silicosis which gradually […]

459 A.2d 263 CONTINENTAL CABLEVISION OF NEW HAMPSHIRE, INC. v. OSGOOD LODGE #48 I.O.O.F. BUILDING ASSOCIATION a. No. 82-173Supreme Court of New Hampshire Rockingham Decided March 28, 1983 1. Statutes — Construction and Application — Particular Words and Phrases Although the statute governing validity of real estate conveyances states that it protects “any person,” as […]

270 A.2d 613 STATE v. FREDERICK HENNESSEY. No. 6094.Supreme Court of New Hampshire Exeter District Court. Decided October 30, 1970. 1. The transfer of an exception in a criminal case from a district court to the supreme court and an appeal of that case to the superior court resulted in a vacation of the transfer […]

39 A.2d 13 GEORGE DEDES v. ALICE D. DEDES, Adm’x. No. 3483.Supreme Court of New Hampshire Rockingham. Decided June 26, 1944. A contract may be established wholly or partly by written or spoken words, or by other acts or conduct of the parties, since reasonable certainty is all that is demanded and that is fulfilled […]

196 A.2d 46 IN RE LAWRENCE G. MASSEY, SR. ESTATE. No. 5183.Supreme Court of New Hampshire Coos Probate Court.Argued November 6, 1963. Decided December 3, 1963. 1. By virtue of the Policemen’s Retirement System statute (RSA 103:16) the accumulated contributions made by a permanent policeman member who dies before becoming eligible for retirement, not as […]

375 A.2d 257 CONNELL’S NEW USED CARS, INC. v. THE STATE OF NEW HAMPSHIRE No. 7727Supreme Court of New Hampshire Department of Safety Decided June 20, 1977 1. Administrative Law — Judicial Review — Authority To Prosecute Appeal Under statute which provides for direct appeal to supreme court from denials of petitions for rehearing by […]

345 A.2d 412 OPINION OF THE JUSTICES No. 7296Supreme Court of New Hampshire Request of Governor and Council Decided September 30, 1975 1. Statutory provisions authorizing the loan of textbooks purchased by public funds directly to nonpublic school students are constitutional. 2. Services such as physician, nurse, and health services and hot lunches to be […]

174 A.2d 410 JOSEPHINE R. ARMSTRONG v. LAKE TARLETON HOTEL CORPORATION a. No. 4942.Supreme Court of New Hampshire Merrimack.Argued September 6, 1961. Decided October 27, 1961. 1. In a petition for modification of an agreement for the payment of workmen’s compensation for temporary total disability at a stated amount per week “until terminated in accordance […]

342 A.2d 644 RONALD D. DANIELS, JR. v. RICHARD D. HANSON a. RICHARD STRICKFORD a. v. RICHARD D. HANSON a. No. 7212Supreme Court of New Hampshire Merrimack Decided July 31, 1975 1. In this State, the sheriff is a constitutional officer, maintaining his common law powers, duties and responsibilities except insofar as they have been […]

761 A.2d 417 NICHOLAS AND JODIANN IANNELLI, INDIVIDUALLY, AND AS P/N/F OF NICOLE, JEREMY RENEE IANNELLI v. BURGER KING CORPORATION No. 99-016Supreme Court of New Hampshire Hillsborough-Southern Judicial District August 18, 2000 1. Judgments — Summary Judgment — Standard for Granting In ruling on a motion for summary judgment, trial court must determine whether a […]

456 A.2d 389 PETER ROBICHAUD v. NELSON MacASKILL, SUPERINTENDENT, HILLSBOROUGH COUNTY JAIL No. 82-230Supreme Court of New Hampshire Hillsborough Decided February 18, 1983 Habeas Corpus — Denial of Relief Where plaintiff was arrested on a Governor’s warrant for extradition to the State of Florida on a drug charge, the trial court’s decision denying plaintiff’s petition […]

153 A.2d 801 PUBLIC SERVICE COMPANY a. v. STATE a. No. 4731.Supreme Court of New Hampshire Public Utilities Commission.Argued May 7, 1959. Decided June 30, 1959. 1. In determining the rate base of an electric utility it was not unreasonable or unlawful for the Public Utilities Commission to deduct from the allowance for working capital […]

35 A.2d 797 JANE D. MacGOWAN v. CHARLES M. MILLS. No. 3422.Supreme Court of New Hampshire Merrimack. Decided January 4, 1944. Under Massachusetts law certain facts fully justified a finding by the jury of gross negligence on the part of the defendant and absence of contributory negligence on the part of the plaintiff. CASE, to […]

545 A.2d 726 In re ALLEN SANBORN No. 87-112Supreme Court of New Hampshire Merrimack County Probate Court Decided May 6, 1988 1. Mental Health — Commitment — Self-Incrimination Fifth amendment privilege from compulsion to be a witness against one’s self “in any criminal case” has no bearing on the admissibility in a a civil commitment […]

618 A.2d 818 THE STATE OF NEW HAMPSHIRE v. MICHAEL D. TUFTS No. 91-163Supreme Court of New Hampshire Strafford Decided December 29, 1992 1. Criminal Law — Sentence — Presentence Report Presentence reports prepared in contemplation of sentencing may refer to criminal charges against defendants not resulting in conviction, and may be based on hearsay. […]

809 A.2d 752 PETITION OF UNION LEADER CORPORATION No. 2000-621Supreme Court of New Hampshire OriginalArgued: January 17, 2002 Opinion Issued: April 16, 2002 1. Courts — Court Administration — Records The right to open courtrooms and access to court records related to court proceedings is firmly supported by New Hampshire practice and common law principles, […]

809 A.2d 748 THE STATE OF NEW HAMPSHIRE v. ALBERT GORDON No. 2000-468Supreme Court of New Hampshire RockinghamArgued: January 15, 2002 Opinion Issued: April 15, 2002 1. Criminal Law — Generally — Lesser Included Offenses Trial court’s decision to instruct a jury on a lesser-included offense depends upon two prerequisites being met: first, the court […]

493 A.2d 1139 THE STATE OF NEW HAMPSHIRE v. MICHAEL MAYA No. 84-156 No. 84-391Supreme Court of New Hampshire Merrimack Decided May 28, 1985 1. Searches and Seizures — Acts Constituting Seizure — Investigatory Stops The State has the burden to justify a temporary detention of a suspect as a legitimate investigative stop. 2. Searches […]

738 A.2d 946 APPEAL OF JAMES BELLISLE (New Hampshire Compensation Appeals Board) No. 96-722Supreme Court of New Hampshire Compensation Appeals Board Decided October 15, 1999 1. Workers’ Compensation — Injuries or Illnesses Compensable — Pre-Existing Impairment To recover workers’ compensation benefits, employee with a congenital or degenerative disease need not prove that his disability would […]

567 A.2d 178 In re DEMITRI J. FASI, A/K/A STEPHEN R. CASS No. 88-394Supreme Court of New Hampshire Belknap County Probate Court Decided December 13, 1989 1. Mental Health — Commitment — Evidence In commitment proceedings, the condition of dangerousness is not a medical concept, but rather a legal one, and a court may overrule […]