Category: New Hampshire Court Opinions

490 A.2d 1369 FREDERICK W. KING AND CATHERINE D. KING v. TOWN OF LYME AND JAMES B. ARGENTATI No. 84-118Supreme Court of New Hampshire Grafton Decided March 20, 1985 1. Highways — Public Roads Highway which was discontinued by a town as an open highway and made subject to gates and bars was a public […]

147 A.2d 111 ARTHUR KILFOYLE CO. v. EMANUELE J. MALATESTA. No. 4678.Supreme Court of New Hampshire Rockingham.Argued December 2, 1958. Decided December 31, 1958. 1. Where the return of a jury verdict in an assumpsit action in excess of the amount claimed by the plaintiff to be due could reasonably be found to have resulted […]

13 A.3d 109 DR. SEYMOUR KESSLER v. AARON GLEICH, INDIVIDUALLY AND AS GENERAL PARTNER OF FIRE HOUSE BLOCK ASSOCIATES, L.P. No. 2009-390.Supreme Court of New Hampshire. Merrimack.Argued: May 4, 2010. Opinion Issued: November 10, 2010. 1. Costs — Recovery of Costs and Attorney Fees — Prevailing Party A prevailing party may be awarded attorney’s fees […]

567 A.2d 568 THE STATE OF NEW HAMPSHIRE v. PAUL POWELL No. 89-035Supreme Court of New Hampshire Cheshire Decided December 28, 1989 1. Statutes — Construction and Application — Generally In any case involving the interpretation of a statute, starting point must be language of the statute itself. 2. Lotteries — Generally Three elements needed […]

20 A.3d 854 IN THE MATTER OF JAMES J. MILLER AND JANET S. TODD. No. 2009-806.Supreme Court of New Hampshire. Portsmouth Family Division.Argued: November 17, 2010. Opinion Issued: March 31, 2011. 1. Parent and Child — Custody — Discretionof Court The trial court has wide discretion in matters involving custody and visitation. 2. Parent and […]

79 A.2d 13 KEENE v. ALLEN L. MARTIN a., As Trustees of Trust Funds of City of Keene. No. 4013.Supreme Court of New Hampshire Cheshire. March 6, 1951. Where by the terms of a will funds were provided “to pay for and establish” a set of chime bells to be installed on the Keene public […]

199 A.2d 296 JUDGE OF PROBATE v. DOROTHY M. NUDD, Adm’x a. No. 5208.Supreme Court of New Hampshire Rockingham.Argued February 5, 1964. Decided March 31, 1964. 1. Where a probate bond appeared regular on its face and had been approved in usual course by the probate court the fact that a personal surety was misled […]

45 A.2d 658 FRANK B. CLANCY, Adm’r w.w.a. of ESTATE OF JAMES E. HUNTEE, Appellee v. MARGARET E. GAY AND CATHERINE M. PIKE, Appellants. No. 3568.Supreme Court of New Hampshire Hillsborough. Decided February 5, 1946. Where a husband predeceases his wife leaving a will in her favor and upon her death an administratrix was appointed […]

32 A.2d 684 MARY E. WEBSTER v. BESSIE J. HUBLEY. No. 3416.Supreme Court of New Hampshire Rockingham. Decided June 1, 1943. A petition for a declaratory judgment is not maintainable where other remedy is available and adequate. PETITION, for a declaratory judgment. When the petition was brought, the defendant had pending an action at law […]

25 A.2d 415 WINDHAM v. ALDERIC JUBINVILLE. No. 3312.Supreme Court of New Hampshire Hillsborough. March 3, 1942. A highway may be established by prescription, when it appears that the public has used it continuously for a period of twenty years (P. L., c. 74, s. 1) under a claim of right. A public right of […]

578 A.2d 864 THE STATE OF NEW HAMPSHIRE v. KEITH JONES No. 88-363Supreme Court of New Hampshire Strafford Decided August 24, 1990 1. Evidence — Admissibility Generally — Discretion of Court Trial court’s decision whether or not to admit certain evidence will not be disturbed unless clearly untenable or unreasonable to the prejudice of the […]

551 A.2d 962 JOSEPH O. GELINAS v. METROPOLITAN PROPERTY LIABILITY INSURANCE CO. No. 87-053Supreme Court of New Hampshire Hillsborough Decided December 9, 1988 1. Insurance — Insurance Companies — Good Faith Whether an insurance company has acted in good faith is a question of fact. 2. Appeal and Error — Findings — Tests for Overturning […]

423 A.2d 986 JOHN ALDEN SETTLE, JR. v. KEENE SAVINGS BANK No. 80-123Supreme Court of New Hampshire Cheshire Decided December 17, 1980 1. Judgments — Summary Judgment — Burden of Proof Summary judgment procedure allows a final judgment to be entered when there is no genuine issue of material fact requiring a formal trial, with […]

109 A.2d 564 WALTER SCHINDLER, Adm’r v. NASHUA BUILDING TRUST CO., INC. No. 4362.Supreme Court of New Hampshire Hillsborough.Argued November 4, 1954. Decided November 30, 1954. Where from a reasonable interpretation of plaintiff’s declaration it was apparent that he sought to recover the statutory damages for the wrongful death of his mother and it was […]

768 A.2d 1038 APPEAL OF JOHN HANCOCK DISTRIBUTORS, INC. (New Hampshire Department of Employment Security) No. 98-564Supreme Court of New Hampshire Department of Employment Security March 13, 2001 1. Unemployment Compensation — Generally — Nature and Purpose Aim of unemployment compensation statute is to curb spread of unemployment and lighten burden on those involuntarily unemployed. […]

348 A.2d 347 ERNEST WISWELL a. v. PEMBROKE SCHOOL DISTRICT No. 7160Supreme Court of New Hampshire Merrimack Decided November 28, 1975 1. Pupil cannot be required to walk more than one-and-one half miles to transportation point of departure. 2. State board of education is not required to approve a transportation route requiring pupil to walk […]

360 A.2d 123 RICHARD S. LOCKHART GEORGE B. ROBERTS, JR., SPEAKER OF THE HOUSE v. MELDRIM THOMSON, JR., GOVERNOR LYLE E. HERSON JAMES H. HAYES LEON G. YEATON LOUIS D’ALLESANDRO BERNARD A. STREETER, JR. No. 7497Supreme Court of New Hampshire Original Decided June 30, 1976 1. Executive policy restricting the employment of legislators outside the […]

20 A.3d 919 ATV WATCH a v. NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION. No. 2009-788.Supreme Court of New Hampshire. Merrimack.Argued: January 13, 2011. Opinion Issued: April 26, 2011. 1. Records — Right to Inspect —Generally The court resolves questions regarding the Right-to Know Law with a view to providing the utmost information in order to best […]

286 A.2d 614 MUSSMAN’S CASE. No. 6280.Supreme Court of New Hampshire Original. Decided December 30, 1971. 1. The New Hampshire Bar Association had the burden of proving by clear and convincing evidence its charges of professional misconduct filed against an attorney. 2. The record in one of the divorce actions and in the disciplinary proceeding […]

559 A.2d 842 PETER A. JOHNSON AND JAMES G. PRATT v. FRANK NASH, EDWARD NASH, AND EDDIE NASH SON, INC. No. 88-195Supreme Court of New Hampshire Coos Decided June 28, 1989 1. Appeal and Error — Standards of Review — Generally A trial court’s decision will not be disturbed unless it is erroneous as a […]

401 A.2d 1067 LEONARD S. SOUSA v. THE STATE OF NEW HAMPSHIRE SWEEPSTAKES COMMISSION No. 78-180Supreme Court of New Hampshire Board of Claims Decided May 9, 1979 1. Lotteries — State Sweepstakes Commission — Standing State sweepstakes commission had standing to appeal decision of board of claims that allowed ticket purchaser’s claim on theory that […]

484 A.2d 1076 THE STATE OF NEW HAMPSHIRE v. GENE HOWLAND No. 83-407Supreme Court of New Hampshire Carroll Decided September 27, 1984 1. Infants — Neglected Children — Reporting Laws RSA 169-C:31 (Supp. 1983) extends immunity from criminal prosecution solely to the making of a report of abuse, as required by RSA 169-C:29 (Supp. 1983), […]

291 A.2d 604 STATE v. DAVID MORRILL. No. 6414.Supreme Court of New Hampshire Carroll. Decided May 31, 1972. 1. A person convicted of a misdemeanor in a municipal or district court is entitled, by statute, to a de novo trial by jury on appeal to the superior court. Warren B. Rudman, attorney general, and Robert […]

574 A.2d 934 CAIN A. J. JOHNSTON, by his father and next friend JAMES M. JOHNSTON, AND JAMES M. JOHNSTON, individually v. FRANK LYNCH No. 88-058Supreme Court of New Hampshire Carroll Decided April 30, 1990 1. Verdict — Motion To Set Aside — Standards Whether a jury verdict is against the weight of the evidence […]

175 A.2d 824 STEPHEN MORRA v. HARRY HILL a. No. 4933.Supreme Court of New Hampshire Hillsborough.Argued November 7, 1961. Decided November 30, 1961. 1. Where the relationship between owners of a trailer park and those owning trailers located on the premises was that of landlord and tenant the park owners were bound to permit persons […]

761 A.2d 509 APPEAL OF COMMERCIAL UNION INSURANCE COMPANY (New Hampshire Compensation Appeals Board) No. 98-659Supreme Court of New Hampshire Compensation Appeals Board Decided November 2, 2000 1. Workers’ Compensation — Generally — Liability of Insurer Court rejected argument of workers’ compensation carrier that “diminished earning capacity” could not occur until worker suffered a de […]

573 A.2d 135 THE STATE OF NEW HAMPSHIRE v. JOHN LEARY No. 89-235Supreme Court of New Hampshire Belknap Decided April 13, 1990 1. Arrest — Without Warrant — Unlawful Arrests Where there was no evidence that police officers observed the defendant operate or even attempt to operate the vehicle, and the officers in fact were […]

493 A.2d 483 THE STATE OF NEW HAMPSHIRE v. MICHAEL HOLT No. 84-244Supreme Court of New Hampshire Belknap Decided April 18, 1985 1. Appeal and Error — Evidence — Sufficiency of Evidence In examining the sufficiency of the evidence on appeal of a criminal conviction, the supreme court will view the evidence in the light […]

471 A.2d 1152 CITY OF CONCORD v. VICTOR TOMPKINS a. No. 83-019Supreme Court of New Hampshire Merrimack Decided February 3, 1984 1. Estoppel — Burden of Proof The party asserting estoppel bears the burden of proof. 2. Estoppel — Elements — Generally There are four essential elements of estoppel: first, a representation or concealment of […]

436 A.2d 74 PETITION OF GORHAM SCHOOL BOARD (New Hampshire Board of Education) No. 80-413Supreme Court of New Hampshire Board of Education Decided October 7, 1981 1. Appeal and Error — Right to Appeal There is no provision for appeal of decisions from the State Board of Education because they are “final”, but this does […]

330 A.2d 782 UNION FIDELITY LIFE INSURANCE COMPANY v. FRANCIS E. WHALAND, INSURANCE COMMISSIONER No. 6977Supreme Court of New Hampshire Insurance Commissioner Decided December 31, 1974 1. A license to sell insurance may not be denied renewal without affording the licensee notice and opportunity for hearing appropriate to the nature of the case before the […]

622 A.2d 1245 THE STATE OF NEW HAMPSHIRE v. KENNETH FITZGERALD No. 91-539Supreme Court of New Hampshire Rockingham Decided March 30, 1993 1. Criminal Law — Double Jeopardy — Generally Double jeopardy clauses of United States and New Hampshire Constitutions protect against multiple prosecutions and multiple punishments for the same offense. 2. Criminal Law — […]

767 A.2d 427 APPEAL OF PAT METEVIER. (New Hampshire Compensation Appeals Board). No. 99-065.Supreme Court of New Hampshire Compensation Appeals Board. Decided February 21, 2001. 1. Workers’ Compensation — Proceedings To Secure Compensation— Attorney Fees In determining reasonable counsel fees in workers’ compensation cases, compensation appeals board should consider attorney’s standing and skill employed, and […]

622 A.2d 1248 BORDER BROOK TERRACE CONDOMINIUM ASSOCIATION AND EDWARD STARR v. SUMNER GLADSTONE a. No. 92-071Supreme Court of New Hampshire Hillsborough Decided March 30, 1993 1. Parties — Generally — Standing Condominium association had standing to sue for negligence, misrepresentation, and breach of implied and express warranties because of defects in condominium development allegedly […]

469 A.2d 1299 BRIAN S. PLANTE v. JOHN N. ENGEL a. No. 82-420Supreme Court of New Hampshire Merrimack Decided December 7, 1983 1. Appeal and Error — Dismissal of Complaint — Standards for Review In ruling on a motion to dismiss, all facts properly pleaded by the plaintiff are deemed true, and all reasonable inferences […]

312 A.2d 697 STATE OF NEW HAMPSHIRE v. JOHN L. POMEROY No. 6421Supreme Court of New Hampshire Rockingham Decided November 30, 1973 1. Criminal complaint filed in the superior court in an appeal from a municipal court without the attestation of the municipal court justice as required by RSA 597:10 (Supp. 1972) was properly attested […]

56 A.2d 62 KATHERINE BRYER WHITE v. BERTHA L. SCHRAFFT. No. 3664.Supreme Court of New Hampshire Carroll. Decided December 2, 1947. A bill rendered for merchandise delivered at the purchaser’s request and paid in full except for a small balance, the payment of which was waived by the seller, constitutes an account stated. Such an […]

582 A.2d 282 ELLEN KNUDSON WEBB v. ROLF O. KNUDSON No. 89-227Supreme Court of New Hampshire Grafton Decided November 9, 1990 1. Divorce — Custody and Support of Children — Change in Circumstances Child custody decree should not be disturbed unless moving party demonstrates that circumstances affecting welfare of child have been so greatly altered […]

567 A.2d 573 MARK DUDLEY AND KIM DUDLEY v. CALVIN BECKEY AND MARGARET BECKEY No. 88-207Supreme Court of New Hampshire Strafford Decided December 29, 1989 1. Waters — Surface Waters — Landowner’s Rights A landowner may manage or control diffused surface water in any manner, provided it is reasonable in light of the interests affected […]

112 A.2d 46 OPINION OF THE JUSTICES. No. 4400.Supreme Court of New Hampshire Decided March 11, 1955. An annual tax upon income from dividends and interest may constitutionally be levied at the equalized (R. L., c. 82, s. 11 V) average rate of the annual property tax throughout the state. The following resolution adopted by […]

444 A.2d 519 JOHN DUNLOP a. v. DANIEL DAIGLE No. 81-038Supreme Court of New Hampshire Belknap Decided April 2, 1982 1. Evidence — Burden of Proof — Generally In a civil action the burden of proof is generally on the plaintiff to establish its case by a preponderance of the evidence. 2. Nuisance — Evidence […]

843 A.2d 946 DUKE/FLUOR DANIEL v. HAWKEYE FUNDING, LIMITED PARTNERSHIP a. No. 2003-173.Supreme Court of New Hampshire RockinghamArgued: January 7, 2004. Opinion Issued: February 26, 2004. 1. Liens — Statutory Liens — Mechanic’s Liens Creation of a mechanic’s lien does not depend upon the owner’s nonpayment; rather, the contractor “creates” its own lien by performing […]

435 A.2d 126 APPEAL OF GAS SERVICE, INC. (New Hampshire Public Utilities Commission) No. 80-425Supreme Court of New Hampshire Public Utilities Commission Decided September 16, 1981 1. Public Utilities — Regulatory Agencies — Appeals From The ultimate issue before the supreme court on appeal from a decision of the public utilities commission is whether the […]

344 A.2d 3 STATE OF NEW HAMPSHIRE v. GHISLAIN BEAULIEU No. 7079Supreme Court of New Hampshire Merrimack District Court Decided August 29, 1975 1. District courts have the authority and power to permit withdrawal of guilty pleas based on an infringement of a defendant’s constitutional rights. 2. The law of this State requires a knowing […]

489 A.2d 143 MAST ROAD GRAIN BUILDING MATERIALS CO., INC. v. RAY PIET, INC. a. No. 84-142Supreme Court of New Hampshire Hillsborough Decided March 1, 1985 1. Interest — Right To Recover — Generally Interest may be recovered where it is an incident to the debt, founded upon the agreement of the parties. 2. Contracts […]

857 A.2d 1265 TOWN OF ACWORTH a. v. FALL MOUNTAIN REGIONAL SCHOOL DISTRICT. No. 2003-791.Supreme Court of New Hampshire Sullivan.Argued: July 15, 2004. Opinion Issued: September 2, 2004. 1. Schools — Generally — Construction of Statutes The purpose of the statute governing cooperative school districts was not to provide sufficient financial resources to support all […]

260 A.2d 454 BERTHA ALLEN a. v. STATE. No. 5815.Supreme Court of New Hampshire Merrimack. Decided December 30, 1969. 1. If the jury has been fully and clearly instructed on negligence and causation and the claims of the parties are fairly set forth, it is within the discretion of the Court whether to further instruct […]

808 A.2d 1 THE STATE OF NEW HAMPSHIRE v. MATTHEW GIFFORD No. 2001-392Supreme Court of New Hampshire Hillsborough-Southern Judicial DistrictArgued June 12, 2002 Opinion Issued August 16, 2002 1. Criminal Law—Generally—Statutory Construction Generally The legislature does not enact unnecessary and duplicative provisions. 2. Criminal Law—Generally—Statutory Construction Generally A specific law controls a specific case over […]

273 A.2d 680 ROBERT TIEWS, JR. v. TIMBERLANE REGIONAL SCHOOL DISTRICT a. No. 6103.Supreme Court of New Hampshire Rockingham. Decided January 29, 1971. 1. Under the traditional test for the review of the constitutionality of legislation which may impair the enjoyment of fundamental rights through an inherently suspect classification, there is a rational relation, satisfying […]

465 A.2d 491 THE STATE OF NEW HAMPSHIRE v. LEONARD J. MERSKI No. 82-092Supreme Court of New Hampshire Merrimack Decided August 26, 1983 1. Criminal Law — Lesser Included Offenses — Submission to Jury A defendant is entitled to an instruction on a lesser-included offense where counsel requests it and where such an instruction is […]

797 A.2d 132 KEVIN COLLINS a. v. CITY OF MANCHESTER MARC M. LACHANCE a. v. CITY OF MANCHESTER No. 2000-509Supreme Court of New Hampshire Hillsborough-Northern Judicial DistrictArgued March 7, 2002 Opinion Issued May 13, 2002 1. Labor — Employment Contracts — Particular Cases Plaintiff police officers’ individual training agreements that had incorporated the pay schedule […]

194 A.2d 763 AMERICAN FIDELITY COMPANY v. EUGENE P. CRAY a. No. 5155.Supreme Court of New Hampshire Cheshire.Argued October 2, 1963. Decided November 5, 1963. 1. The fact that a public works surety bond furnished pursuant to RSA 447:16 as a condition to the execution of a contract for highway construction contained extrastatutory obligations did […]

337 A.2d 350 BARBARA C. WATTS v. MILTON W. WATTS No. 6773Supreme Court of New Hampshire Hillsborough Decided April 30, 1975 1. The obligation to provide child support is recognized by the laws of this State as a fundamental facet of paternity, and both legitimate and illegitimate children have the right to enforce the support […]

493 A.2d 501 THE STATE OF NEW HAMPSHIRE v. WAYNE B. DUMAIS No. 84-090Supreme Court of New Hampshire Strafford Decided May 24, 1985 1. Arrest — With Warrant An arrest by a police officer acting under a warrant is lawful, even though the officer does not have the warrant in hand at the time of […]

57 A.2d 772 IRENE SAVOIE v. LITTLETON CONSTRUCTION CO. No. 3707.Supreme Court of New Hampshire Hillsborough. Decided March 2, 1948. Whether the plaintiff in driving her vehicle inadvertently upon a new highway still under construction did so as a trespasser was a question of fact for the jury upon the conflicting evidence. Whether the defendant […]

412 A.2d 1012 In re FAY G. No. 79-190Supreme Court of New Hampshire Merrimack County Probate Court Decided March 5, 1980 1. Constitutional Law — Self-incrimination Amendment to statute conferring on probate court the power to order a psychiatric evaluation of a parent was procedural and therefore its application to a court order issued prior […]

427 A.2d 509 ROBERT J. BRODEUR a. v. CITY OF CLAREMONT No. 80-192Supreme Court of New Hampshire Sullivan Decided March 16, 1981 1. Eminent Domain — Statutory Provisions A city council has the authority to condemn land required for public use. RSA 47:1. 2. Eminent Domain — Statutory Provisions The remedies and proceedings for the […]

444 A.2d 567 BERKSHIRE MUTUAL INSURANCE CO. v. ALLAN D. GLOVER a. No. 81-352Supreme Court of New Hampshire Merrimack Decided April 7, 1982 1. Insurance — Automobile Policies — Financial Responsibility Law An insurance carrier’s failure to notify the division of motor vehicles that a driver involved in an accident is not covered by insurance, […]

621 A.2d 440 HEA REALTY a. v. CITY OF NASHUA No. 91-498Supreme Court of New Hampshire Hillsborough Decided March 5, 1993 1. Taxation — Exemptions From Taxation — Property, Agencies and Instrumentalities of Government In interpreting meaning of statute providing tax exemption for city-owned property, court must first examine statutory language itself. RSA 72:23, I. […]