Category: New Hampshire Court Opinions

155 A.2d 808 CARLING BREWING COMPANY v. NEW HAMPSHIRE STATE LIQUOR COMMISSION a. No. 4756.Supreme Court of New Hampshire Merrimack.Argued October 6, 1959. Decided November 24, 1959. 1. The reduction by a manufacturer of malt beverages in the territory in which a wholesaler might sell such manufacturer’s beverages for the reason that the wholesaler was […]

335 A.2d 304 GEORGE PARAS a. v. CITY OF PORTSMOUTH No. 6894Supreme Court of New Hampshire Board of Taxation Decided February 28, 1975 1. Laches follows the statute of limitations, and plaintiff’s laches in failing to appeal the tax commission’s 1969 denial of his petition in equity for abatement of 1965 taxes by filing a […]

503 A.2d 781 THE STATE OF NEW HAMPSHIRE v. STEVEN A. HOOD No. 84-561Supreme Court of New Hampshire Cheshire Decided December 5, 1985 1. Evidence — Past Offenses — Admissibility Evidence of prior crimes, while inadmissible to prove the defendant’s bad character or disposition to commit the crime for which he is indicted, may be […]

453 A.2d 1249 TOWN OF HINSDALE v. CEDRIC H. EMERSON a. CEDRIC H. EMERSON a. v. TOWN OF HINSDALE No. 80-467 No. 81-365Supreme Court of New Hampshire Cheshire Decided November 5, 1982 1. Zoning — Appeal From Planning Board — Superior Court Review Decision of town planning board denying developer’s request for a waiver of […]

126 A.2d 261 MABEL A. McREEL v. GEORGE R. SCAMMON, G’d’n No. 4511.Supreme Court of New Hampshire Rockingham.Argued September 4, 1956. Decided October 31, 1956. The granting of a continuance to the defendant in a probate appeal pending disposition of plaintiff’s exceptions taken in other proceedings was discretionary and disclosed no error. The determination of […]

474 A.2d 1056 JOHN K. CROWLEY a. v. GLOBAL REALTY, INC. No. 82-239Supreme Court of New Hampshire Hillsborough Decided April 19, 1984 1. Damages — Mental Anguish — Contract Action Recovery of damages for mental suffering and emotional distress is not generally permitted in actions arising out of breach of contract. 2. Damages — Mental […]

732 A.2d 448 THE STATE OF NEW HAMPSHIRE v. ROBERT BLAIR No. 96-763Supreme Court of New Hampshire Merrimack Decided June 29, 1999 1. Criminal Law — Judgment and Sentence — Generally Jury should generally not be informed of penalty that a defendant may receive if convicted, when jury will play no role in sentencing. 2. […]

635 A.2d 446 EDWIN A. McCABE a. v. LOUIS J. ARCIDY, SR. No. 91-435Supreme Court of New Hampshire Hillsborough Decided December 15, 1993 1. Appeal and Error — Findings — Generally Findings of fact by trial court are binding unless not supported by the evidence or erroneous as a matter of law. 2. Attorneys — […]

6 A.2d 767 JOHN DEITCH v. BOSTON MAINE RAILROAD No. 3070Supreme Court of New Hampshire Hillsborough Decided June 6, 1939 In an action against a railroad for damage to an automobile which while standing on a railroad crossing was struck by defendant’s locomotive, a verdict was properly directed for the defendant on evidence that the […]

401 A.2d 675 J. HAROLD E. CARBONNEAU v. TOWN OF EXETER No. 78-165Supreme Court of New Hampshire Rockingham Decided April 20, 1979 1. Zoning — Variances — Unnecessary Hardship To warrant the granting of a variance based upon a finding of unnecessary hardship there must be something special about the applicant’s property to distinguish it […]

605 A.2d 1050 THE STATE OF NEW HAMPSHIRE v. GORDON REID No. 90-253Supreme Court of New Hampshire Rockingham Decided March 20, 1992 1. Arrest — Probable Cause — Review Trial court’s decision that police had probable cause to arrest defendant would not be reversed unless the decision when viewed in the light most favorable to […]

765 A.2d 176 THE STATE OF NEW HAMPSHIRE v. KENNETH MCCABE. No. 98-469Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided January 19, 2001 1. Criminal Law — Generally — Intent Evidence was sufficient to establish that defendant was criminally reckless when, while intoxicated, he fired a handgun into a couch inside an occupied residence. […]

512 A.2d 436 CAROL SOARES a. AND LEWIS BUILDERS, INC. v. TOWN OF ATKINSON No. 84-589Supreme Court of New Hampshire Rockingham Decided July 29, 1986 Appeal and Error — Remand — Particular Cases Where the town appealed a superior court decision approving a master’s report holding the town’s zoning ordinances invalid, and where subsequently the […]

437 A.2d 308 THE STATE OF NEW HAMPSHIRE v. WESLEY MARTIN No. 81-036Supreme Court of New Hampshire Rockingham Decided November 20, 1981 1. Appeal and Error — Evidence — Sufficiency of Evidence In a criminal prosecution, the evidence is insufficient if no rational trier of fact could have found proof of guilt beyond a reasonable […]

640 A.2d 279 ANTHONY G. DEMETRACOPOULOS v. DAVID WILSON d/b/a HODGDON WILSON No. 90-080Supreme Court of New Hampshire Rockingham Decided March 31, 1994 1. Torts — Particular Torts — Interference With Contractual Relations To establish liability for intentional interference with contractual relations, plaintiff must show: (1) plaintiff had an economic relationship with a third party; […]

431 A.2d 139 DERRY SAND GRAVEL, INC. a. v. TOWN OF LONDONDERRY No. 80-194Supreme Court of New Hampshire Rockingham Decided June 12, 1981 1. Municipal Ordinances — Validity — Generally A State statute preempts a local ordinance when the legislature clearly manifests an intent to do so or when the statute and ordinance conflict. 2. […]

26 A.2d 681 DIEUDONNE LEFEVRE v. MICHAEL J. HEALY a., Board of Assessors of Manchester No. 3329.Supreme Court of New Hampshire Hillsborough. Decided June 2, 1942. The proper remedy for a taxpayer who has been denied an exemption is not by bill in equity to order the grant of the exemption but by petition for […]

497 A.2d 1200 In re RICHARD M. (New Hampshire Division of Mental Health and Developmental Services) No. 83-416Supreme Court of New Hampshire Division of Mental Health and Developmental Services Decided August 5, 1985 1. Administrative Law — Orders and Regulations — Modification of Statutes Although a statute may authorize the adoption of agency rules to […]

693 A.2d 86 MARY E. SEUFERT v. CHRISTOPHER J. SEUFERT No. 96-514Supreme Court of New Hampshire Merrimack Decided April 21, 1997 1. Appeal and Error — Reversal — Generally Where a wife filed a domestic violence petition alleging that her husband had hit her son and that she feared for her safety and the safety […]

225 A.2d 179 L. WILDER QUINT, Adm’r v. KONSTANTINIS PORIETIS. No. 5541.Supreme Court of New Hampshire Merrimack.Argued November 2, 1966. Decided December 20, 1966. 1. In an action for fatal injuries sustained when defendant’s motor vehicle struck the rear of plaintiff’s intestate’s vehicle which was either standing still or moving slowly forward or backward in […]

776 A.2d 138 STAR VECTOR CORPORATION v. TOWN OF WINDHAM a. WINDHAM SAFETY COALITION a. v. TOWN OF WINDHAM No. 99-210Supreme Court of New Hampshire Rockingham Decided June 14, 2001 1. Zoning and Planning — Judicial Review — Evidence Where the trial court was presented with a voluminous certified record, including audiotapes, a multitude of […]

302 A.2d 822 In re MACK M. MUSSMAN No. 6291Supreme Court of New Hampshire Original Decided February 28, 1973 1. The record of hearing upon the attorney general’s petition for inquiry into the judicial conduct of the defendant as a district court judge warranted the findings made that the allegations of the petition were not […]

324 A.2d 708 ALLENE FELDER a. v. CITY OF PORTSMOUTH No. 6949Supreme Court of New Hampshire Rockingham Decided August 26, 1974 1. The homeowners’ exemption law, enacted by Laws 1973, ch. 482, principally functions to promote the public interest in preserving owner-occupied residential property because the legislative history suggests that the exemption would fight for […]

616 A.2d 516 CITY OF DOVER v. DONALD C. KIMBALL a. No. 91-177Supreme Court of New Hampshire Strafford Decided November 25, 1992 1. Municipal Corporations — Municipal Liability Where defendants allege wrongful denial by planning board of application for lot line adjustment, damages will be allowed only upon a showing of bad faith. 2. Costs […]

213 A.2d 909 STATE v. JON LARO. No. 5397.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1965. Decided October 29, 1965. 1. The right of every citizen to be secure against unreasonable searches and seizures is guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and by Pt. I, Art. 19th of […]

70 A.2d 485 ALMEDA G. HATCH, Adm’x v. IDA W. RIDEOUT. No. 3889.Supreme Court of New Hampshire Carroll, Decided January 3, 1950. Whether a party is entitled to costs in either the Supreme or Superior Courts in a proceeding which has come before both courts is discretionary with the Trial Court by virtue of R. […]

500 A.2d 360 THE STATE OF NEW HAMPSHIRE v. DAVID GUARALDI No. 84-155 No. 85-048Supreme Court of New Hampshire Grafton Decided October 24, 1985 1. Constitutional Law — Compulsory Process — Suppression of Evidence Defendant seeking new trial for lack of an essential witness could not rely on a constitutional right to present his own […]

6 A.2d 139 SARA LEE HACKETT, Adm’x v. BOSTON MAINE RAILROAD. HELEN (CROWTON) HASKELL, Adm’x v. SAME. Supreme Court of New Hampshire Merrimack. Decided November 1, 1938. Where a compromise verdict on the question of liability has been concurred in by some members of the jury in consideration of the smallness of the damages the […]

573 A.2d 1356 DELORES CHAMBERS v. ROBERT GEIGER a. No. 89-157Supreme Court of New Hampshire Merrimack Decided May 4, 1990 1. Statutes — Construction and Application — Generally First step in a case of statutory interpretation is to examine the words of the statute, which are the touchstone of the legislature’s intention. 2. Workers’ Compensation […]

13 A.2d 153 ROMEO TREMBLAY, by his next friend v. J. RUDNICK SONS, INC. No. 3147.Supreme Court of New Hampshire Hillsborough. Decided April 2, 1940. A master is bound to provide such reasonable rules and regulations as will enable his servants to work in safety. If ordinary care requires that a warning of dangers arising […]

627 A.2d 1064 THE STATE OF NEW HAMPSHIRE v. CHRISTINE M. COONS No. 92-241Supreme Court of New Hampshire Grafton Decided July 2, 1993 Search and Seizure — Generally — Reasonableness Where police officer executing search warrant for drugs on premises where defendant was present emptied the contents of defendant’s purse rather than patting it down […]

3 A.2d 95 GERTRUDE D. WALLACE, Ex’x v. MARION BROWN a. Supreme Court of New Hampshire Strafford. Decided December 6, 1938. PETITION, for the construction of the will of Edwin S. Wallace, late of Dover. The testator gave to his daughter, Marion Brown, “the sum of five dollars and no more.” To his wife, Gertrude […]

241 A.2d 795 DORENE A. CORMIER a. v. LLOYD E. CONDUFF. No. 5699.Supreme Court of New Hampshire Strafford.Argued February 7, 1968. Decided April 30, 1968. 1. The Trial Court has wide discretion in the admission and exclusion of opinion evidence, and its ruling will not be reversed unless there is a clear abuse of discretion. […]

424 A.2d 816 SMITH INSURANCE, INC. v. THE GRIEVANCE COMMITTEE a. No. 80-087Supreme Court of New Hampshire Merrimack Decided December 23, 1980 1. Constitutional Law — Legislative Power — Delegation Sweeping and general delegation of legislative power with uncontrolled discretion to executive branch agency even in a narrow field exceeds constitutional limits. N.H. CONST. pt. […]

470 A.2d 399 HERMAN J. GROTH v. JOHNSON’S DAIRY FARM, INC. No. 82-501Supreme Court of New Hampshire Rockingham Decided December 16, 1983 1. Deeds and Conveyances — Construction — Boundary Descriptions Where there is a particular description in a deed that is certain and definite, it will prevail over the identifying reference in a prior […]

157 A.2d 778 RAYMOND E. CATE v. PERKINS MACHINE CO. a. No. 4785.Supreme Court of New Hampshire Hillsborough.Argued December 1, 1959. Decided January 27, 1960. 1. In the absence of a provision in the Workmen’s Compensation Law (RSA ch. 281) requiring an injured employee to submit to an operation to alleviate a continuing permanent disability, […]

658 A.2d 1199 PETITION OF ROBERT CROTEAU (New Hampshire Department of Labor) No. 93-670Supreme Court of New Hampshire Original Decided May 26, 1995 1. Administrative Law — Judicial Review — Standards The court will review the New Hampshire Department of Labor’s decision to determine whether the commissioner acted illegally with respect to jurisdiction, authority or […]

70 A.2d 915 JENNIE C. LEONARD a. v. MANCHESTER. No. 3879.Supreme Court of New Hampshire Hillsborough, Decided January 3, 1950. In an action against a city to recover for personal injuries sustained in a fall on a highway bridge, evidence of a substantial degree of slope in the bridge plus the fact that the wooden […]

203 A.2d 647 HAROLD B. ALDEN a. v. LAURA KIMBALL. No. 5251.Supreme Court of New Hampshire Coos.Argued September 10, 1964. Decided October 6, 1964. 1. The dependent widow of a deceased workman is entitled to workmen’s compensation benefits equal to two-thirds of the workman’s “average weekly wages.” RSA 281:22 (supp). 2. Where a deceased workman […]

50 A.2d 89 JOHN L. LADD, Assignor SCHOOL DISTRICT OF DEERFIELD, Plaintiff in Interest v. LEONARD G. HIGGINS. No. 3621.Supreme Court of New Hampshire Rockingham. Decided December 3, 1946. The statutory power of a school district to bring suit (R. L., c. 138, s. 3) includes the power to maintain an action to set aside […]

474 A.2d 1010 In re BILLY T. No. 83-005Supreme Court of New Hampshire Strafford County Probate Court Decided February 29, 1984 1. Parent and Child — Parental Rights — Termination The supreme court held in In re Robyn W., 124 N.H. 377 (1983), that the language and the legislative intent of the decree provision of […]

209 A.2d 471 OPINION OF THE JUSTICES. No. 5360.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 12, 1965. Answer returned April 21, 1965. 1. Since the Legislature in making an apportionment of Representatives at its present 1965 session pursuant to the requirements of the 1964 amendment to the Constitution (Pt. II, Art. […]

857 A.2d 1250 THE STATE OF NEW HAMPSHIRE v. DONALD MORRILL a/k/a SAM W. MORRILL. No. 2003-654.Supreme Court of New Hampshire Strafford.Argued: July 14, 2004. Opinion Issued: August 27, 2004. 1. Evidence — Particular Matters — Opening the Door Doctrine The “opening the door” doctrine applies when one party introduces evidence that provides a justification […]

592 A.2d 1140 NANCY P. MACIEJCZYK v. JOHN H. MACIEJCZYK No. 90-208Supreme Court of New Hampshire Hillsborough Decided June 12, 1991 1. Appeal and Error — Transcript — Absence Supreme court review of trial court’s grant of plaintiff’s petition for modification of child support order would be limited to errors apparent on the record available, […]

319 A.2d 296 CHARLES POULIN v. IRENE PROVOST JEANNETTE POULIN v. SAME No. 6615Supreme Court of New Hampshire Strafford Decided April 30, 1974 1. The general purpose of a trial court’s charge to the jury is to state and explain to them in clear and intelligible language the rules of law applicable to the issues […]

508 A.2d 1082 THE STATE OF NEW HAMPSHIRE v. JON SMITH No. 85-245Supreme Court of New Hampshire Hillsborough Decided April 11, 1986 1. Indictment and Information — Sufficiency — Generally An indictment must inform the defendant of the offense for which he is charged with sufficient specificity so that he knows what he must be […]

175 A.2d 396 OPINION OF THE JUSTICES. No. 5010.Supreme Court of New Hampshire Request of Governor and Council.Submitted November 8, 1961. Answer returned November 30, 1961. 1. Where mileage payments were made by the State to certain members of the Legislature pursuant to Laws 1961, c. 203 and the statute was later declared unconstitutional, the […]

805 A.2d 419 APPEAL OF ROBERT STANTON No. 2000-387Supreme Court of New Hampshire Manchester Retirement BoardArgued November 13, 2001 Opinion Issued May 24, 2002 Rhearing Denied July 18, 2002 1. Public Employees — Retirement System — Eligibility An employee of city’s retirement system was not an employee of the city and was not eligible to […]

761 A.2d 491 FAITH R. BURSEY v. ARTHUR H. BURSEY No. 98-130Supreme Court of New Hampshire Rockingham Decided October 5, 2000 1. Discovery — Sanctions and Failure To Make Discovery — Generally In order to prevent unfair surprise, a party may be precluded from presenting evidence that he fails to disclose during discovery. 2. Discovery […]

503 A.2d 789 THE STATE OF NEW HAMPSHIRE v. FRANK BEMIS No. 85-024Supreme Court of New Hampshire Hillsborough Decided December 5, 1985 1. Appeal and Error — Evidence — Sufficiency of Evidence In reviewing the sufficiency of evidence which led to a conviction, the evidence must be considered in the light most favorable to the […]

887 A.2d 123 THE STATE OF NEW HAMPSHIRE v. ELEANOR T. EMERY. No. 2004-615.Supreme Court of New Hampshire Rockingham.Argued: September 14, 2005. Opinion Issued: November 30, 2005. 1. Appeal and Error — Plain Error — Generally To fall within the plain error rule: (1) there must be an error; (2) the error must be plain; […]

571 A.2d 282 DAWNY J. RAND v. AETNA LIFE CASUALTY COMPANY No. 89-321Supreme Court of New Hampshire Strafford Decided March 9, 1990 1. Arbitration — Appeal — Grounds Arbitration statute permits the court to correct or modify arbitration awards for plain mistake, or vacate them for fraud, corruption, or misconduct, or on the ground that […]

672 A.2d 1128 THE STATE OF NEW HAMPSHIRE v. JOSEPH GILES No. 94-741Supreme Court of New Hampshire Strafford Decided March 12, 1996 1. Offenses — Sexual Offenses — Particular Cases There was ample evidence to support a jury finding that the defendant assaulted the victim between February 1 and April 20, 1991 where the Page […]

187 A.2d 60 ULYSSE A. ARSENAULT a. v. KEENE. No. 5078.Supreme Court of New Hampshire Cheshire.Argued November 8, 1962. Decided December 28, 1962. 1. Sections of ordinances and statutes are to be construed as a whole and not viewed separately in isolation of each other. 2. A nonconforming use is a use which legally exists […]

427 A.2d 19 In re ESTATE OF ADELAIDE REPOSA No. 80-267Supreme Court of New Hampshire Hillsborough County Probate Court Decided March 6, 1981 1. Wills — Ademption Since 1851, the law in New Hampshire has been that ademption is not a question of intention. 2. Wills — Ademption Where testatrix executed will devising farm, later […]

108 A.2d 52 NASHUA CORPORATION v. NEWELL BROWN, Director. No. 4328.Supreme Court of New Hampshire Hillsborough.Argued September 7, 1954. Decided September 30, 1954. Where by virtue of administrative regulations, promulgated under authority of the Unemployment Compensation Law (R. L., c. 218, s. 4 A, as amended by Laws 1947, c. 59, s. 12), the voluntary […]