Category: New Hampshire Court Opinions

589 A.2d 1016 GERALD C. DIONNE AND GERALDINE T. DIONNE v. CITY OF MANCHESTER No. 90-243Supreme Court of New Hampshire Hillsborough Decided May 3, 1991 1. Statutes — Construction and Application — Legislative Intent Supreme court is the final arbiter of the intent of the legislature as expressed in the words of a statute considered […]

444 A.2d 552 ARTHUR R. SURPRENANT v. SHARON M. (SURPRENANT) LAPORTE No. 81-109Supreme Court of New Hampshire Hillsborough Decided April 7, 1982 1. Divorce — Custody and Support of Children — Change in Circumstances The standard to be used in a change of custody proceeding, set forth in Perreault v. Cook, 114 N.H. 440 (1974), […]

462 A.2d 117 THE STATE OF NEW HAMPSHIRE v. JOHN E. LITTLE No. 82-128Supreme Court of New Hampshire Hillsborough Decided June 17, 1983 1. Homicide — Manslaughter — Provocation According to common-law rule which measures provocation under a reasonable-person standard to determine whether it is legally sufficient to reduce murder to manslaughter, provocation is adequate […]

740 A.2d 1026 THE STATE OF NEW HAMPSHIRE v. WARREN GOODALE No. 97-589Supreme Court of New Hampshire Belknap Decided October 20, 1999 1. Appeal and Error — Questions Considered on Appeal — Invited Errors Assault defendant at pretrial hearing did not argue that State’s witnesses were experts he was entitled as a matter of law […]

114 A.2d 879 OPINION OF THE JUSTICES. No. 4428.Supreme Court of New Hampshire Decided June 22, 1955. Legislation establishing within a particular county three commissioner districts with the provision that one county commissioner shall be chosen from each district by the inhabitants therein does not violate the constitutional provision relating to elections and elective franchise. […]

603 A.2d 498 THE STATE OF NEW HAMPSHIRE v. JAMES T. STETSON No. 90-342Supreme Court of New Hampshire Hillsborough Decided February 28, 1992 1. Evidence — Hearsay — Admissibility A decision on the admissibility of evidence under an exception to the hearsay rule is within the sound discretion of the trial court and will not […]

455 A.2d 1041 THE STATE OF NEW HAMPSHIRE v. CARL H. SMITH, II No. 82-028Supreme Court of New Hampshire Rockingham Decided January 24, 1983 1. Homicide — Manslaughter — Provocation It is generally recognized that provocation is adequate to reduce a homicide from murder to manslaughter only if it would cause a reasonable person to […]

58 A.2d 321 STEPHEN T. HOGAN v. FERNANDO G. LEBEL a. No. 3715.Supreme Court of New Hampshire Hillsborough. Decided April 6, 1948. Since the interpretation of a deed presents only a question of law, the construction placed thereon by the Trial Court is reviewable in the Supreme Court. The conveyance of a right of way […]

432 A.2d 15 JOHN P. BURROWS a. v. CITY OF KEENE No. 80-419Supreme Court of New Hampshire Cheshire Decided June 26, 1981 1. Pleadings — Amendments — As a Matter of Right Amendment of petition in order to raise constitutional issue of inverse condemnation, although it constitutes a different issue, was properly allowed because issue […]

408 A.2d 422 JEANNETTE SPERL v. CECIL PAUL SPERL No. 79-118Supreme Court of New Hampshire Strafford Decided November 14, 1979 1. Appeal and Error — Discretion of Lower Court — Abuse Where a party waived his right to trial by jury by his counsel’s inadvertent failure to request a jury trial in accordance with Superior […]

441 A.2d 1146 KENNETH D. BOEHNER a. v. THE STATE OF NEW HAMPSHIRE a. No. 81-067Supreme Court of New Hampshire Merrimack Decided February 12, 1982 1. Declaratory Judgments — Nature of Relief A petition for a declaratory judgment is particularly appropriate to determine the constitutionality of a statute when the parties desire and the public […]

402 A.2d 651 MELDRIM THOMSON, JR. v. KEVIN R. CASH AMOSKEAG PRESS, INC. No. 78-171Supreme Court of New Hampshire Hillsborough Decided May 23, 1979 1. Libel and Slander — Defamatory Language — Nature In order to be actionable, language complained of in libel action must be defamatory in that it must tend to lower the […]

713 A.2d 381 BRUCE BUCKINGHAM, ADMINISTRATOR OF THE ESTATE OF ROXANNE RAMSEY-BUCKINGHAM v. R. J. REYNOLDS TOBACCO CO. a. No. 95-350Supreme Court of New Hampshire Strafford Decided May 29, 1998 1. Pleading — Motion to Dismiss — Review In reviewing a motion to dismiss for failure to state a claim upon which relief may be […]

480 A.2d 118 ARTHUR R. ABBOTT v. WILLIAM POTTER, SUPERINTENDENT, MERRIMACK COUNTY HOUSE OF CORRECTION No. 83-090Supreme Court of New Hampshire Merrimack Decided July 26, 1984 1. Constitutional Law — Right to Effective Counsel — Fundamental Right The supreme court has held that the State Constitution is to be read to guarantee, as a fundamental […]

465 A.2d 900 DAVID M. BAYER a., EXECUTORS AND CO-TRUSTEES OF THE ESTATE OF CHARLES BAYER v. SAM BAYER a. No. 82-523Supreme Court of New Hampshire Sullivan Decided August 31, 1983 1. Limitation of Actions — Statutes — Torts In three equity actions brought in 1980 by the executors and co-trustees of decedent’s estate against […]

246 A.2d 699 OPINION OF THE JUSTICES. No. 5857.Supreme Court of New Hampshire Request of Governor and Council.Submitted October 2, 1968. Answer returned October 16, 1968. 1. The Industrial Development Authority statute (RSA ch. 162-A) authorizing the Governor and Council to guarantee in the name of the State payment of a portion of first mortgage […]

36 A.2d 271 THOMAS J. LEONARD, Ex’r v. DELIA STANTON, Ap’t. No. 3459.Supreme Court of New Hampshire Hillsborough. Decided February 1, 1944. A scrivener’s misrepresentations in order to be material must have been such as to induce the testator to make some disposal of his property that he would not otherwise have made. Where a […]

780 A.2d 1270 THE STATE OF NEW HAMPSHIRE v. DAVID BRUCE No. 99-639Supreme Court of New Hampshire Rockingham Decided September 28, 2001 1. Appeal and Error — Preservation of Questions — ParticularCases In prosecution for criminal mischief, defendant preserved issue of due process bases on the loss of evidence by the police because, even though […]

622 A.2d 840 THE STATE OF NEW HAMPSHIRE v. LEROY SHARON No. 92-276Supreme Court of New Hampshire Belknap Decided March 25, 1993 1. Evidence — Circumstantial Evidence — Criminal Cases Where State relies on circumstantial evidence to prove an essential component of its case, such evidence must exclude all rational conclusions except guilt. 2. Offenses […]

782 A.2d 884 PETER FRANKLIN v. DENISE CALLUM, INTERIM PROJECT DIRECTOR, NH/VT SOLID WASTE PROJECT No. 99-294Supreme Court of New Hampshire Sullivan Decided September 20, 2001 1. Attorneys — Professional Conduct Rules — Generally Although the New Hampshire Rules of Professional Conduct do not create substantive rights in third parties, they may be considered to […]

480 A.2d 71 JOSEPH F. DUGAS, TRUSTEE v. TOWN OF CONWAY No. 83-303Supreme Court of New Hampshire Carroll Decided July 3, 1984 1. Costs — Attorney Fees — Unconstitutional Taking In Burrows v. City of Keene, 121 N.H. 590 (1981), the supreme court held that the city’s zoning amendment amounted to an unconstitutional taking of […]

106 A.2d 380 FRED PERREAULT v. MARY LYONS a. No. 4327.Supreme Court of New Hampshire Hillsborough.Argued June 2, 1954. Decided July 1, 1954. In an action for malicious prosecution an order setting aside a verdict for the plaintiff as against the weight of the evidence was not erroneous. However, where conflicting inferences could properly be […]

566 A.2d 1135 THE STATE OF NEW HAMPSHIRE v. PHILIP SAULNIER No. 87-283Supreme Court of New Hampshire Rockingham Decided December 8, 1989 1. Appeal and Error — Evidence — Offer of Proof An evidentiary ruling excluding evidence is not preserved for appeal unless the record discloses a contemporaneous offer of proof indicating what testimony the […]

834 A.2d 227 CATHERINE MAHONEY a. v. TOWN OF CANTERBURY a. No. 2002-638.Supreme Court of New Hampshire MerrimackArgued: September 10, 2003. Opinion Issued: October 14, 2003. 1. Highways — Generally — Laying Out, Altering, Reclassifying or Discontinuing Under the statute defining highways, to establish a highway by prescription, it must appear that the general public […]

379 A.2d 206 THE STATE OF NEW HAMPSHIRE v. ROBERT C. GOFF No. 7785Supreme Court of New Hampshire Rochester District Court Decided October 24, 1977 Appeal and Error — Record — Adequacy Where counsel for defendant appeared alone to argue his motion attacking legal validity of motor vehicle summonses and asserted that district court, in […]

248 A.2d 707 STATE v. ROBERT L. DEAN. No. 5760.Supreme Court of New Hampshire Rockingham.Argued November 6, 1968. Decided December 31, 1968. 1. A municipal zoning ordinance establishing within the town but two districts (1) a general agricultural and residential district and (2) a recreational and camp zone was held not invalid, or void for […]

224 A.2d 66 MADELEINE Y. MURRAY a. v. BOSTON MAINE RAILROAD. No. 5454.Supreme Court of New Hampshire Merrimack.Argued June 7, 1966. Decided September 30, 1966. 1. Instructions to the jury are not required to be given in the exact phraseology requested, and are sufficient if, taking the charge as a whole, the law was correctly […]

356 A.2d 687 STATE OF NEW HAMPSHIRE v. JOHN HANLEY No. 7263Supreme Court of New Hampshire Strafford Decided April 30, 1976 1. The State had the burden of proving beyond a reasonable doubt the essential elements of the attempted burglary, that is, a substantial step by the defendant towards an unauthorized breaking and entering of […]

711 A.2d 547 PETITION OF THOMAS DEAN No. 97-547Supreme Court of New Hampshire Original Decided June 16, 1998 1. Attorneys — Privileged Communications — Waiver of Privilege The attorney-client privilege is not absolute. Implied waiver occurs when the asserting party has put the otherwise privileged communications “at issue” in the present dispute. 2. Attorneys — […]

587 A.2d 607 THE STATE OF NEW HAMPSHIRE v. VINCENT GIBNEY No. 90-015Supreme Court of New Hampshire Strafford Decided March 8, 1991 1. Evidence — Hearsay — Non-Hearsay Prior to 1985 adoption of the New Hampshire Rules of Evidence, test employed in New Hampshire was that out-of-court statements by co-conspirators were admissible as non-hearsay when […]

225 A.2d 617 STATE v. STEPHEN A. SANTOS. No. 5561.Supreme Court of New Hampshire Rockingham.Argued December 7, 1966. Decided January 13, 1967. 1. On an indictment charging that the defendant was feloniously present, aiding and abetting another to commit a robbery, evidence that the defendant was present during commission of the crime by another together […]

54 A.2d 151 MARGUERITE FERRY v. MARION E. FERRY. No. 3670.Supreme Court of New Hampshire Hillsborough. Decided July 2, 1947. An action to recover damages for unlawful commitment to a hospital for the insane is an action of trespass to the person and as such must be brought within two years after the cause of […]

376 A.2d 146 AUCLAIR TRANSPORTATION, INC. a. v. ROSS EXPRESS, INC. No. 7755Supreme Court of New Hampshire Public Utilities Commission Decided July 25, 1977 1. Public Utilities — Regulatory Agencies — Certificate of Public Convenience and Necessity Application filed with state public utilities commission for certificate of public convenience and necessity to operate as common […]

648 A.2d 465 DARLENE GELINAS AS ADMINISTRATRIX OF THE ESTATE OF ROBERT N. GELINAS v. STERLING INDUSTRIAL CORPORATION a. No. 92-314Supreme Court of New Hampshire U.S. District Court Decided September 21, 1994 1. Compromise and Settlement — Generally — Settlement The United States District Court has jurisdiction to approve conditional structured settlement of wrongful death […]

816 A.2d 970 APPEAL OF NORTHEAST REHABILITATION HOSPITAL (New Hampshire Department of Labor) No. 2001-713Supreme Court of New Hampshire Department Of LaborArgued November 6, 2002 Opinion Issued January 24, 2003 1. Labor — Regulation — Whistleblowers’ Act The plain meaning of the term “employee” as used in the Whistleblowers’ Protection Act encompasses only persons currently […]

182 A.2d 457 JOHN H. CRAGIN a. v. C. GEORGE WOOLLETT a. No. 5034.Supreme Court of New Hampshire Merrimack.Argued May 1, 1962. Decided June 29, 1962. 1. In the construction of the deeds to the parties from their common predecessor in title and the surrounding circumstances it was held that the grant of a right […]

13 A.3d 186 APPEAL OF CITY OF CONCORD. (New Hampshire Board of Tax and Land Appeals) No. 2009-491.Supreme Court of New Hampshire. Board of Tax and Land AppealsArgued: June 10, 2010. Opinion Issued: January 13, 2011. 1. Taxation — Exemptions From Taxation — Charitable Organizations An organization seeking a charitable tax exemption must satisfy four […]

407 A.2d 812 THE STATE OF NEW HAMPSHIRE v. GEORGE F. AMYOT DONALD R. BLAIS JEAN C. CHALIFOUX PHILIP F. IRISH No. 78-286Supreme Court of New Hampshire Grafton Decided August 20, 1979 1. Constitutional Law — Equal Protection — Classifications State guarantee of equal protection of the laws mandates that there be a rational relationship […]

433 A.2d 1297 SALEM COALITION FOR CAUTION, INC. a. v. THE TOWN OF SALEM a. No. 81-215Supreme Court of New Hampshire Rockingham Decided August 5, 1981 1. Declaratory Judgments — Purpose The remedy of declaratory judgment is intended to grant relief from uncertainty concerning the status or legal rights existing between adverse parties. 2. Declaratory […]

370 A.2d 275 ROBERT L. TROTTIER v. CITY OF LEBANON AND LEBANON ZONING BOARD OF ADJUSTMENT No. 7539Supreme Court of New Hampshire Grafton Decided February 28, 1977 1. Zoning — Construction of Ordinances — Intent The construction of the terms of a zoning ordinance is a question of law, and the proper inquiry is the […]

451 A.2d 1289 APPEAL OF OMNI COMMUNICATIONS, INC. d/b/a PAGE CALL (New Hampshire Public Utilities Commission) No. 81-431Supreme Court of New Hampshire Public Utilities Commission Decided October 12, 1982 1. Public Utilities — Regulatory Agencies — Purposes The legislative intent in establishing the state board of railroad commissioners, the public service commission, and ultimately the […]

776 A.2d 720 THE STATE OF NEW HAMPSHIRE v. KYLE KRUEGER No. 99-446Supreme Court of New Hampshire Hillsborough-southern judicial district Decided June 22, 2001 1. Criminal Law — Double Jeopardy — Identity of Offenses Separate indictments of defendant for aggravated felonious sexual assault could be sustained where each image of defendants’s actions depicted on videotape […]

278 A.2d 348 OPINION OF THE JUSTICES. No. 6264.Supreme Court of New Hampshire Request of House of Representatives. Decided June 11, 1971. 1. Because of the requirements of uniformity and proportionality contained in part II, article 5 of the State Constitution, a constitutional amendment is a prerequisite to the enactment of a constitutional statute providing […]

561 A.2d 507 RANDALL GOSLIN AND DONNA GOSLIN v. TOWN OF FARMINGTON No. 88-333Supreme Court of New Hampshire Strafford Decided July 27, 1989 1. Zoning — Variances — Requisites To obtain a variance, plaintiffs have to demonstrate to the zoning board of adjustment that: (1) denying the variance would impose on them an unnecessary hardship; […]

578 A.2d 325 APPEAL OF SULLIVAN COUNTY NURSING HOME (New Hampshire Public Employee Labor Relations Board) No. 89-132Supreme Court of New Hampshire Public Employee Labor Relations Board Decided July 18, 1990 1. Public Employees — Public Employee Labor Relations Board — Abuse of Discretion While public employee labor relations board (PELRB) generally has discretion to […]

289 A.2d 392 WILLIAM T. BRIDGHAM a. v. CITY OF KEENE a. No. 6095.Supreme Court of New Hampshire Cheshire. Decided March 31, 1972. 1. RSA ch. 49-A does not require that a proposed city charter be published in a medium of general circulation. 2. A charter commission report and proposed charter recommendations filed with a […]

444 A.2d 530 THOMAS J. MURPHY, JR., a. v. McQUADE REALTY, INC. No. 81-255Supreme Court of New Hampshire Strafford Decided April 2, 1982 1. Injunction — Standards for Granting — Generally The issuance of injunctions, either temporary or permanent, has long been considered an extraordinary remedy. 2. Injunction — Standards for Granting — Immediate Threat […]

16 A.2d 362 MAINE-NEW HAMPSHIRE INTERSTATE BRIDGE AUTHORITY v. RICHARD H. HAM. No. 3178.Supreme Court of New Hampshire Rockingham. Decided November 6, 1940. A legislative grant of power to condemn for a public use may be exercised only within the clear definition of the grant. A bridge corporation or authority empowered to acquire by condemnation […]

593 A.2d 1152 JACQUELINE LACHAPELLE v. TOWN OF GOFFSTOWN No. 90-218Supreme Court of New Hampshire Hillsborough Decided July 24, 1991 1. Judgments — Default — Discretion of Trial Court Decision to strike default is within trial court’s discretion and will not be disturbed unless trial court clearly abused its discretion or erred as a matter […]

188 A.2d 330 COOS LUMBER COMPANY v. BUILDERS LUMBER AND SUPPLY CO. No. 5096.Supreme Court of New Hampshire Coos.Argued January 2, 1963. Decided January 31, 1963. 1. A contract for the sale of logs to be severed and removed from the realty by the seller was a contract for the sale of goods, and in […]

442 A.2d 594 OPINION OF THE JUSTICES No. 82-041Supreme Court of New Hampshire Request of the Senate Decided March 8, 1982 1. Mental Health — Commitment — Nature The loss of liberty and stigmatization present in the involuntary civil commitment setting are fully comparable to the deprivation attending a criminal conviction, and the deprivation of […]