Category: New Hampshire Court Opinions

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 […]

427 A.2d 1 THE STATE OF NEW HAMPSHIRE v. STEPHEN R. CASS No. 80-028Supreme Court of New Hampshire Belknap Decided March 6, 1981 1. Trial — Instructions — Failure To Object Where defendant was indicted and convicted on charge of aggravated assault, and appealed his conviction on ground that judge’s instructions to jury impermissibly broadened […]

821 A.2d 1034 MICHELLE MADEJA v. MPB CORPORATION d/b/a SPLIT BALLBEARING No. 2002-197Supreme Court of New Hampshire SullivanArgued February 6, 2003 Opinion Issued April 23, 2003 1. Labor — Unfair Treatment and Discrimination — Harassment Instructions which allowed the jury to find defendant liable for a merely negligent response to alleged sexual harassment adequately explained […]

738 A.2d 1263 THOMAS H. HANNIGAN a. v. CITY OF CONCORD No. 97-666Supreme Court of New Hampshire Merrimack Decided July 21, 1999 Rehearing Denied October 20, 1999 1. Zoning and Planning — Ordinances — Construction Interpretation of zoning ordinance, and determination of whether a particular use is an accessory use, are questions of law for […]

9 A.2d 510 JERRY BEROUNSKY v. WILLIAM F. OGDEN. No. 3111.Supreme Court of New Hampshire Strafford. Decided November 7, 1939. Where a collision occurs between vehicles on the highway, one of which is moving and the other stationary, the law of the road (P. L., c. 90, s. 1) is inapplicable; and the conduct of […]

287 A.2d 611 PEERLESS CORPORATION, d.b.a. LEON TEDDY’S OIL COMPANY v. FRANK CHIN a. No. 6154.Supreme Court of New Hampshire Rockingham. Decided January 31, 1972. 1. A judgment of dismissal of a prior suit entered without a trial on the merits and solely for failure of the plaintiff to register as a foreign corporation to […]

365 A.2d 737 ROBERT G. BERNIER v. MAJOR WHEELOCK, SUPERINTENDENT, NEW HAMPSHIRE HOSPITAL No. 7324Supreme Court of New Hampshire Personnel Commission Decided October 29, 1976 1. Two indictments of psychiatric aide at the New Hampshire Hospital for alleged theft by unauthorized taking and additional evidence of prior misconduct for abusing the hospital patients’ trust by […]

259 A.2d 660 OPINION OF THE JUSTICES. No. 6014.Supreme Court of New Hampshire Request of Governor and Council. Decided December 4, 1969. 1. The Governor and Council may properly request an opinion of the Attorney General under the provisions of RSA 7:8, 9 as to the validity of an income tax imposed by the State […]

624 A.2d 1350 RONALD O. LeCLAIR v. ERLYAN LeCLAIR No. 91-564Supreme Court of New Hampshire Hillsborough Decided May 14, 1993 1. Divorce — Generally — Governing Law Court’s powers in custody, maintenance, and education of children in divorce and separation cases are conferred entirely by statute. 2. Divorce — Generally — Governing Law By statute […]

571 A.2d 271 QUALITY DISCOUNT MARKET CORP. v. LACONIA PLANNING BOARD, CITY OF LACONIA, HARRIS WAYSIDE FURNITURE CO., INC. H. RUSSELL HARRIS No. 88-301Supreme Court of New Hampshire Belknap Decided March 9, 1990 1. Easements — Appurtenant — Generally Whether instrument granted an appurtenant easement or a mere license is a question of law reviewable […]

174 A.2d 432 ALEKSANDRA GRIAUZDE a. v. NASHUA a. No. 4961.Supreme Court of New Hampshire Hillsborough.Argued October 3, 1961. Decided October 27, 1961. 1. The granting of a variance by a zoning board of adjustment on rehearing, at which new and additional evidence was presented and a second view was had, to permit an already […]

135 A.2d 715 STATE v. FERDINAND THIBODEAU. No. 4615.Supreme Court of New Hampshire Laconia Municipal Court.Argued October 1, 1957. Decided November 5, 1957. 1. It is essential to the validity of criminal complaints that they be signed by the complaining party and sworn to before the municipal court justice or some duly authorized person. 2. […]

341 A.2d 770 STATE OF NEW HAMPSHIRE v. LAWRENCE D. CONKLIN No. 6552Supreme Court of New Hampshire Rockingham Decided June 30, 1975 1. Malice aforethought is an essential element of the crime of murder, and an allegation to that effect must appear in the indictment. 2. Second-degree murder as defined in RSA 585:1 constituted a […]

629 A.2d 254 JONES’ CASE No. LD-91-001Supreme Court of New Hampshire Original Decided July 2, 1993 1. Appeal and Error — Findings — Referee’s Findings In reviewing a referee’s findings, supreme court ordinarily determines whether a reasonable person could have reached the same outcome as the referee, based on the evidence presented. 2. Attorneys — […]

764 A.2d 914 THE STATE OF NEW HAMPSHIRE v. JAY OUELLETTE No. 98-636Supreme Court of New Hampshire Belknap Decided December 8, 2000 1. Indictment and Information — Generally — Procedure Indictment is required for a misdemeanor charge that results in extended imprisonment greater than one year, when a sentencing enhancement factor is related to offense […]

427 A.2d 3 THE STATE OF NEW HAMPSHIRE v. DONALD C. WEITZMAN No. 80-060Supreme Court of New Hampshire Rockingham Decided March 6, 1981 1. Constitutional Law — Speedy Trial — Tests In order to determine whether defendant has been denied his right to a speedy trial, supreme court will balance four factors: (1) the length […]

42 A.2d 332 JOSEPH GEORGE BLAIS v. FLANDERS HARDWARE COMPANY. No. 3528.Supreme Court of New Hampshire Hillsborough. Decided May 1, 1945. A servant cannot be held to have assumed the risk as a matter of law where he did not know and appreciate the peculiar and extra hazards of doing the work in the way […]

199 A.2d 545 COOS LUMBER COMPANY v. BUILDERS LUMBER AND SUPPLY CO. No. 5216.Supreme Court of New Hampshire Coos.Argued March 3, 1964. Decided March 31, 1964. 1. In an action for breach of contract to recover damages for failure of the defendant to accept a specific number of board feet of logs from a certain […]

42 A.2d 733 ARTHUR H. McALLISTER v. SUNCOOK VALLEY RAILROAD. No. 3541.Supreme Court of New Hampshire Merrimack. Decided June 5, 1945. Under the Federal Employers’ Liability Act, a violation by an employee of a rule designed to protect the train and people on the tracks, and not intended to prevent accidents such as the employee […]

20 A.2d 644 ALEXANDER CAMPBELL a. v. PORTSMOUTH HOTEL CO. No. 3241.Supreme Court of New Hampshire Rockingham. Decided June 3, 1941. In an action by a bailor against his bailee for negligently failing to protect the bailor’s automobile from theft by placing it in storage the finding was warranted that the defendant assumed to take […]

147 A.2d 116 LOUIS C. WYMAN, Attorney General v. CONRAD DANAIS, County Attorney. No. 4699.Supreme Court of New Hampshire Hillsborough.Argued December 2, 1958. Decided December 31, 1958. 1. By virtue of statute (RSA 7:6, 11, 34) the Attorney General is charged with the ultimate responsibility for criminal law enforcement and granted the power to control, […]

685 A.2d 473 THE STATE OF NEW HAMPSHIRE v. JOHN E. MACLEOD, SR. No. 95-478Supreme Court of New Hampshire Belknap Decided November 18, 1996 1. Criminal Law — Double Jeopardy — Particular Cases Where defendant was convicted for aggravated driving while intoxicated and second degree assault, evidence of defendant’s intoxication was necessary to the aggravated […]

19 A.2d 432 JOHN L. BOGRETT, By his Father and Next Friend, VICTOR A. BOGRETT v. PAUL F. HROMADA. No. 3228.Supreme Court of New Hampshire Rockingham. Decided April 1, 1941. Physical interference with another or physical injury or damage to his person or property while engaged in his business, trade or occupation is an actionable […]

290 A.2d 207 ROSELLE A. ROY, EXECUTRIX UNDER THE WILL OF ALPHONSE ROY v. MONITOR-PATRIOT CO. NORTH AMERICAN NEWSPAPER ALLIANCE, INC. No. 5780.Supreme Court of New Hampshire Hillsborough. Decided March 31, 1972. Modified April 28, 1972. 1. Evidence of an agreement under which a columnist agreed to indemnify against damages for libel a distributor, which […]

367 A.2d 596 CARMEN H. BROUILLARD v. MARION ATWOOD AND HENRY SPEAR, COMMISSIONERS OF BELKNAP COUNTY No. 7525Supreme Court of New Hampshire Belknap Decided December 30, 1976 1. RSA 26:1 establishes the procedure for condemnation of land for county uses, and it mandates a hearing before the commissioners and recognizes their role in the steps […]

431 A.2d 770 MORGENROTH ASSOCIATES, INC. v. TOWN OF TILTON MORGENROTH ASSOCIATES, INC. v. TOWN OF NORTHFIELD a. MORGENROTH ASSOCIATES, INC. v. STATE OF NEW HAMPSHIRE No. 80-313Supreme Court of New Hampshire Belknap Merrimack Decided June 12, 1981 1. Contracts — Implied Contracts — Implied in Fact An implied in fact contract is a true […]

842 A.2d 121 KERSEY’S CASE. No. LD-2002-006.Supreme Court of New Hampshire OriginalArgued: January 15, 2004. Opinion Issued: February 27, 2004. 1. Attorneys — Professional Conduct Rules — Violations Attorney’s willful and blatant disregard of orders of the supreme court to turn over his client files violated provision of the New Hampshire Rules of Professional Conduct […]

316 A.2d 183 CITY OF DOVER v. WENTWORTH-DOUGLASS HOSPITAL TRUSTEES a. No. 6627Supreme Court of New Hampshire Strafford Decided February 28, 1974 1. Trustees of city-owned hospital, given the right by the legislature to function as an independent board with sole control and discretion over employees and salaries, were not required to furnish the city […]

575 A.2d 351 JAMES THORPE v. STATE OF NEW HAMPSHIRE, DEPARTMENT OF CORRECTIONS, a. (New Hampshire Board of Claims) No. 89-422Supreme Court of New Hampshire Board of Claims Decided May 24, 1990 1. Negligence — Damages — Emotional Distress Before a plaintiff can recover damages for emotional distress pursuant to a negligence cause of action, […]

94 A.2d 374 TOLLES-BICKFORD LUMBER CO., INC. v. TILTON SCHOOL a. No. 4169.Supreme Court of New Hampshire Hillsborough. Decided February 3, 1953. Replacement by the contractor of certain building material, originally furnished by the claimant subcontractor under its completed contract with the former with a charge therefor to the claimant’s account, did not operate to […]

27 A.3d 689 APPEAL OF KEELIN B. (New Hampshire State Board of Education). No. 2010-225.Supreme Court of New Hampshire. Board of Education.Argued: March 10, 2011. Opinion Issued: May 12, 2011. 1. Administrative Law — Orders and Regulations — Construction When construing statutes and administrative regulations, a court first examines the language used, and, where possible, […]

433 A.2d 1326 THE STATE OF NEW HAMPSHIRE v. BRIAN LaCLAIR No. 80-347Supreme Court of New Hampshire Merrimack Decided August 10, 1981 1. Constitutional Law — Confrontation of Witnesses Criminal defendant has right under State and federal constitutions to meet the proof against him and to cross-examine witnesses to impeach their testimony. U.S. CONST. amend. […]

231 A.2d 625 STATE v. JOHN PAUL GARCEAU. No. 5545.Supreme Court of New Hampshire Belknap.Argued June 6, 1967. Decided July 18, 1967. 1. In an indictment charging respondent with being an accessory to the crime of obtaining money by check under false pretenses, information given by a reliable informant present at the scene of the […]

443 A.2d 1017 LINDA G. MacDONALD v. PAUL B. MacDONALD No. 81-046Supreme Court of New Hampshire Rockingham Decided April 7, 1982 1. Divorce — Property Settlement — Determining Factors Generally In allocating property in divorce settlement, court should consider all relevant factors and this includes all of the assets and income of both parties, such […]

465 A.2d 1210 THE STATE OF NEW HAMPSHIRE v. DAVID E. HARLOW, JR. No. 82-293Supreme Court of New Hampshire Nashua District Court Decided July 19, 1983 1. Intoxicating Liquor — Protective Custody — Statutes The purpose of the statute governing alcoholism and alcohol abuse is to provide for treatment of alcoholics and intoxicated persons rather […]

599 A.2d 502 THE STATE OF NEW HAMPSHIRE v. ROBERT BERGMANN No. 90-162Supreme Court of New Hampshire Strafford Decided December 6, 1991 1. Appeal and Error — Record — Duty To Present Burden of providing a sufficient record to decide issue raised on appeal is on moving party. 2. Appeal and Error — Scope of […]

451 A.2d 1297 THE STATE OF NEW HAMPSHIRE v. JOSE VASQUEZ No. 81-308Supreme Court of New Hampshire Hillsborough Decided October 14, 1982 1. Constitutional Law — Identification of Accused — Lineup A defendant does not have an absolute constitutional right to a pretrial lineup. 2. Constitutional Law — Identification of Accused — Lineup The decision […]

397 A.2d 1048 LORRAINE M. DePAOLO v. SPAULDING FIBRE COMPANY, INC. DOMINIC J. DePAOLO v. SPAULDING FIBRE COMPANY, INC. No. 78-217Supreme Court of New Hampshire Strafford Decided February 14, 1979 1. Workmen’s Compensation — Action Against Employer — Negligence Employee who received workmen’s compensation from employer’s insurance carrier after receiving electric shock from the heating […]

342 A.2d 656 WILLIAM J. ROWE v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE SAME v. SEAWARD CONSTRUCTION COMPANY, INC. No. 6932Supreme Court of New Hampshire Strafford Decided July 31, 1975 1. The standard of review in deciding whether the trial court properly withdrew the case from the consideration of the jury is whether the evidence […]

508 A.2d 1084 THE STATE OF NEW HAMPSHIRE v. DAVID F. ALLISON No. 85-181Supreme Court of New Hampshire Hillsborough Decided April 11, 1986 Constitutional Law — Right to Effective Counsel — Particular Cases Counsel’s failure to raise and preserve the issue of the propriety of jury instructions did not result in ineffective assistance of counsel […]

486 A.2d 294 LAWRENCE R. HIGGINS v. SOLOMON HIGGINS No. 83-450Supreme Court of New Hampshire Strafford Decided December 31, 1984 1. Appeal and Error — Findings — Master’s Findings Master’s findings and rulings will not be overturned on appeal unless they are unsupported by the evidence or are erroneous as a matter of law. 2. […]

348 A.2d 713 STATE OF NEW HAMPSHIRE v. GEORGE B. GILBERT No. 7175Supreme Court of New Hampshire Hillsborough Decided November 28, 1975 1. Existence of conspiracy frequently must be proved by attendant circumstances and reasonable inferences therefrom. 2. Evidence of tacit understanding between parties to cooperate in an illegal course of conduct establishes prima facie […]

284 A.2d 907 J W INDUSTRIES, INC. d/b/a J W MOTORS v. FRANK ENTERPRISES, INC. a. No. 6262.Supreme Court of New Hampshire Hillsborough. Decided December 7, 1971. 1. The record sustained the trial court’s finding that the parties to a sales contract under which the buyer assumed the “outstanding obligations” of the seller’s automobile division […]

18 A.2d 765, 18 A.2d 435 STATE v. HAMPTON WATER WORKS CO. No. 3189.Supreme Court of New Hampshire Public Service Commission. Decided March 4, 1941. On an appeal from the Public Service Commission to the Supreme Court from an order fixing the rates of a utility the discretionary scope of the court’s action on the […]

322 A.2d 917 STATE OF NEW HAMPSHIRE v. MORTON WHIPPIE No. 6816Supreme Court of New Hampshire Keene District Court Decided May 31, 1974 1. A police officer’s wearing of a side-arm in full view while he prosecutes and testifies as the arresting officer in a misdemeanor case in a district court does not deny to […]

459 A.2d 231 BRIAN DEROUIN a. v. GRANITE STATE REALTY, INC. a. No. 82-083Supreme Court of New Hampshire Strafford Decided March 24, 1983 1. Contracts — Mutual Mistake — Elements When the parties to a transaction are mutually mistaken as to a basic assumption on which the contract is made and that mistake has a […]

287 A.2d 612 EVA G. LUNDERVILLE v. MAYLAND H. MORSE, JR. AND RALPH V. CROSBY, CO-EXECUTORS OF THE ESTATE OF J. PARK GODDARD. No. 6171.Supreme Court of New Hampshire Sullivan. Decided January 31, 1972. 1. A claim against an estate may be presented in any form that notifies the fiduciary of its nature, amount, and […]

534 A.2d 714 GINI YOUNG v. PREVUE PRODUCTS, INC. No. 86-265Supreme Court of New Hampshire Hillsborough Decided November 9, 1987 1. Constitutional Law — Due Process — Civil Remedies and Proceedings In workers’ compensation case challenging the constitutionality of statute barring consortium actions against an employer by the spouse of an injured employee, narrow quid […]

562 A.2d 163 MICHAEL H. FOSTER v. TOWN OF HENNIKER No. 87-473Supreme Court of New Hampshire Merrimack Decided August 9, 1989 1. Taxation — Real Property — Current Use Tax Intent of current use tax statute as it relates to forest land is to provide favorable tax treatment to land that is receiving treatment dealing […]

453 A.2d 1292 CHAUFFEURS, TEAMSTERS, AND HELPERS LOCAL UNION NO. 633 OF NEW HAMPSHIRE a. v. SILVER BROTHERS, INC. No. 82-241Supreme Court of New Hampshire Hillsborough Decided December 10, 1982 1. Certiorari — Other Remedies — Availability Since there is no statutory right of appeal from decisions of the board of conciliation and arbitration, any […]

148 A.2d 658 NEW CASTLE v. DOROTHY H. RAND a. No. 4719.Supreme Court of New Hampshire Rockingham.Argued February 4, 1959. Decided February 27, 1959. 1. While the statutory requirement for recording depositions in perpetual remembrance relating to real estate (RSA 581:8) is mandatory as to the place of record the requirement as to the time […]

96 A.2d 303 BERTHA E. FISSETTE, Adm’x v. BOSTON MAINE RAILROAD. No. 4157.Supreme Court of New Hampshire Coos. Decided April 7, 1953. In an action to recover damages for fatal injuries sustained by the decedent when the vehicle he was operating was in collision with defendant’s locomotive at a private unprotected grade crossing, the evidence […]

63 A.2d 235 STATE v. ALCIDE A. FORCIER. No. 3801.Supreme Court of New Hampshire Strafford. Decided January 5, 1949. At common law the defense of insanity may be raised under the plea of not guilty. The Legislature in sanctioning the use of the special plea of not guilty by reason of insanity (R. L., c. […]