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 […]
Category: New Hampshire Court Opinions
WINSLOW v. DIETLIN, 100 N.H. 147 (1956)
121 A.2d 573 DOROTHY WINSLOW a. v. FRANCIS P. DIETLIN. No. 4456.Supreme Court of New Hampshire Rockingham.Argued March 6, 1956. Decided March 29, 1956. An exception to the jury charge on the applicability of a foreign speed statute, which did not direct the Trial Court’s attention to the grounds advanced for sustaining it before the […]
MOSES v. RAILROAD, 76 N.H. 570 (1911)
79 A. 21 MOSES v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided February 10, 1911. CASE, for personal injuries. Trial by jury and verdict for the plaintiff. The plaintiff was injured by the unexpected starting of the defendants’ train from which she was alighting. She supposed that the train had stopped at […]
MENDUM v. JOY, 58 N.H. 140 (1877)
MENDUM a. v. JOY. Supreme Court of New Hampshire Rockingham. Decided August, 1877. A plea in abatement, which shows by the officer’s return set forth, the service of a summons at a date different from the date of the attachment, and enrolls the summons, alleging that it is the summons delivered when the attachment was […]
STATE v. AIKENS, 135 N.H. 569 (1992)
607 A.2d 948 THE STATE OF NEW HAMPSHIRE v. PAUL AIKENS No. 91-176Supreme Court of New Hampshire Strafford Decided May 14, 1992 1. Witnesses — Competency — Determination A witness is presumed competent to testify unless trial court finds that she lacks sufficient capacity to observe, remember and narrate as well as understand the duty […]
STATE v. COTELL, 143 N.H. 275 (1998)
722 A.2d 507 THE STATE OF NEW HAMPSHIRE v. KEVIN COTELL No. 97-286Supreme Court of New Hampshire Rockingham Decided December 31, 1998 1. Appeal and Error — Filing of Notice of Appeal — Latefiling Supreme court found good cause to allow late entry of State’s appeal from dismissal of indictments against defendant, where trial court […]
SULLIVAN v. CHAPMAN, 117 N.H. 1060 (1977)
381 A.2d 749 TIMOTHY C. SULLIVAN, ADMINISTRATOR ESTATE OF DANIEL J. CRONIN v. AMELIA R. CHAPMAN No. 7865Supreme Court of New Hampshire Merrimack Decided December 30, 1977 Joint Tenancy — Right of Survivorship In equity action seeking to compel defendant to turn over proceeds of two joint bank accounts and other property to estate of […]
GILBERT v. DEP’T OF EMPL. SECURITY, 118 N.H. 710 (1978)
393 A.2d 557 EUGENE GILBERT v. DEPARTMENT OF EMPLOYMENT SECURITY a. No. 78-053Supreme Court of New Hampshire Hillsborough Decided October 30, 1978 Unemployment Compensation — Eligibility — Quit for Reason Attributable to Employer In an unemployment compensation appeal in which employee was found to be ineligible for unemployment benefits on grounds that he had left […]
EAMES v. CORPORATION, 85 N.H. 379 (1932)
159 A. 128 MARY EAMES v. SOUTHERN NEW HAMPSHIRE HYDRO-ELECTRIC CORPORATION. Supreme Court of New Hampshire Coos. Decided February 2, 1932. In a proceeding for the assessment of damages for the taking of land by a utility, evidence of the amounts paid in other sales to the condemnor for the same purposes is admissible if […]
BRIDGE CO. v. SPAULDING, 63 N.H. 298 (1884)
UNION BRIDGE CO. v. SPAULDING a. Supreme Court of New Hampshire Coos. Decided December, 1884. A charter giving the right to erect a bridge across Connecticut river within certain limits, and collect tolls, but which contains no words making the granted rights exclusive within the limits named, does not give the corporation a cause of […]
STATE v. HOSKIN, 112 N.H. 332 (1972)
295 A.2d 454 STATE v. GARLAN E. HOSKIN. STATE v. SUSAN ELY. No. 6354.Supreme Court of New Hampshire Grafton. Decided September 29, 1972. 1. The act of obliterating the State motto “Live Free or Die” on noncommercial motor vehicle registration plates is punishable under RSA 262:27-c (supp.) as an obscuring of “letters” that serve to […]
GLYNN v. N.H. PERSONNEL COMM’N, 116 N.H. 810 (1976)
372 A.2d 1303 RICHARD C. GLYNN v. NEW HAMPSHIRE PERSONNEL COMMISSION No. 7448Supreme Court of New Hampshire Personnel Commission Decided December 30, 1976 1. Rule VIII, section 3B of the rules of the department of personnel, entitled “Optional Discharge”, makes discharge from employment mandatory for the listed offenses after one warning. 2. The nature of […]
STATE v. GREGOIRE, 118 N.H. 140 (1978)
384 A.2d 132 THE STATE OF NEW HAMPSHIRE v. GEORGE GREGOIRE THE STATE OF NEW HAMPSHIRE v. RICHARD E. SHUTE, JR. THE STATE OF NEW HAMPSHIRE v. VIKTOR NOVOSEL Nos. 7925, 7926 and 7927Supreme Court of New Hampshire Merrimack Decided March 10, 1978 1. Appeal and Error — Dismissal on Appeal — Moot Questions Where […]
BORN v. KENNETH HUDSON, INC., 114 N.H. 537 (1974)
323 A.2d 917 MYRTLE M. BORN v. KENNETH HUDSON, INC. d.b.a. HUDSON BUS LINES ELROY M. BORN v. SAME No. 6839Supreme Court of New Hampshire Hillsborough Decided July 31, 1974 1. In determining the merits of defendant’s exceptions to the denial of its motions to set aside and to reduce the verdict, the supreme court […]
HARGRAVES v. IGO, 64 N.H. 619 (1888)
15 A. 137 HARGRAVES v. IGO. Supreme Court of New Hampshire Merrimack. Decided June, 1888. ASSUMPSIT, on a promissory note made in 1873, and secured by a mortgage of real estate, upon which there were prior mortgages. Plea, the statute of limitations. It was agreed that in 1877 the mortgaged premises were sold, and the […]
WHEELER v. STOCK EXCHANGE, 72 N.H. 315 (1903)
56 A. 754 WHEELER v. METROPOLITAN STOCK EXCHANGE. Supreme Court of New Hampshire Coos. Decided November 3, 1903. Where the parties to a contract for the purchase and sale of stock do not contemplate an actual delivery of the property, but their mutual understanding is that one party is to pay to the other the […]
McGRAW v. EXETER REGION COOP. SCH. DIST., 145 N.H. 709 (2001)
765 A.2d 710 RICHARD McGRAW v. EXETER REGION COOPERATIVE SCHOOL DISTRICT a. No. 00-261Supreme Court of New Hampshire Rockingham Decided January 19, 2001 1. Constitutional Law — Legislative Power — Limits Change of supermajority voting requirement for issuance of municipal debt in all official ballot municipalities and districts, under amendment to RSA 33:8, did for […]
APPEAL OF COMM. TO SAVE THE UPPER ANDROSCOGGIN, 124 N.H. 17 (1983)
466 A.2d 1308 APPEAL OF COMMITTEE TO SAVE THE UPPER ANDROSCOGGIN a. (New Hampshire Water Resources Board) SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS a. v. NEW HAMPSHIRE WATER RESOURCES BOARD a. No. 82-413 No. 82-561Supreme Court of New Hampshire Water Resources Board Merrimack Decided October 4, 1983 1. Statutes — Private and Special […]
STATE v. LAPLACA, 162 N.H. 174 (2011)
27 A.3d 719 THE STATE OF NEW HAMPSHIRE v. RYAN LAPLACA. No. 2010-042.Supreme Court of New Hampshire. Grafton.Argued: March 10, 2011. Opinion Issued: June 28, 2011. 1. Constitutional Law — Due Process — Procedural Due Process The New Hampshire Constitution provides in part that no subject shall be deprived of his property, immunities, or privileges, […]
FOLSOM v. RAILROAD, 68 N.H. 178 (1894)
44 A. 134 FOLSOM, Adm’r, v. CONCORD MONTREAL RAILROAD. Supreme Court of New Hampshire Rockingham. Decided December, 1894. A new trial may be granted when it appears from a discrepancy between it special and a general verdict that the jury failed to comprehend the instructions given them. CASE, for negligently causing the death of the […]
STATE v. JOYCE, 159 N.H. 440 (2009)
THE STATE OF NEW HAMPSHIRE v. PATRICK W. JOYCE, III. No. 2008-755.Supreme Court of New Hampshire. Rockingham.Argued: September 23, 2009. Opinion Issued: December 4, 2009. 1. Search and Seizure — Generally — Investigative Stops To determine whether the officers conducted a lawful investigative stop, a court conducts a two-step inquiry: first, it determines when the […]
APPEAL OF CITY OF PORTSMOUTH, BD. OF FIRE COMM’RS, 140 N.H. 435 (1995)
667 A.2d 345 APPEAL OF CITY OF PORTSMOUTH, BOARD OF FIRE COMMISSIONERS (New Hampshire Public Employee Labor Relations Board) No. 94-256Supreme Court of New Hampshire Public Employee Labor Relations Board Decided November 15, 1995 1. Labor — Labor Unions — Unfair Labor Practices Fire commissioner’s negative comments about firefighter’s union to the press did not […]
STEPHENSON v. STEPHENSON, 111 N.H. 189 (1971)
278 A.2d 351 KATHARINE HOLMAN STEPHENSON v. EDWIN CHARLES STEPHENSON KATHARINE HOLMAN STEPHENSON v. EDWIN CHARLES STEPHENSON a. TIMOTHY D. STEPHENSON a. v. SAME. No. 6219.Supreme Court of New Hampshire Grafton. Decided June 1, 1971. 1. Husband’s exception to the sufficiency of the evidence to support a divorce granted on the grounds of his extreme […]
PENRICH, INC. v. SULLIVAN, 136 N.H. 621 (1993)
620 A.2d 1037 PENRICH, INC. v. EVELYN SULLIVAN a. No. 91-379Supreme Court of New Hampshire Merrimack Decided February 17, 1993 1. Appeal and Error — Scope of Review — Generally Where parties at hearing concerning conditions at manufactured housing park conducted themselves as though it were a hearing pursuant to statute governing such parks, court […]
HAYES v. MOREAU, 104 N.H. 124 (1962)
180 A.2d 438 PRISCILLA C. HAYES v. RHODA C. MOREAU. No. 4903.Supreme Court of New Hampshire Rockingham.Submitted March 7, 1962. Decided May 1, 1962. 1. A landowner cannot have an easement over his own land independent of his ownership of the land. 2. Where prior to severance of title to a subdivision of land the […]
KITTREDGE v. GIFFORD, 62 N.H. 134 (1882)
KITTREDGE v. GIFFORD a. and Trustee. Supreme Court of New Hampshire Hillsborough. Decided June 1882. The rights of attaching creditors, who, as against their common debtor, have equal claims to the satisfaction of their respective debts, depend on strict law; and if one of them, through want of regularity in his proceedings, loses a priority […]
OPINION OF THE JUSTICES, 109 N.H. 578 (1969)
258 A.2d 343 OPINION OF THE JUSTICES. No. 5969.Supreme Court of New Hampshire Request of the Senate.Submitted July 1, 1969. Preliminary answer returned July 2, 1969. Final answer returned October 31, 1969. 1. Secular education serving a public purpose may be supported by tax money if sufficient safeguards are provided to prevent more than incidental […]
STATE v. DESMARAIS, 140 N.H. 196 (1995)
665 A.2d 348 THE STATE OF NEW HAMPSHIRE v. ARMAND DESMARAIS No. 93-672Supreme Court of New Hampshire Hillsborough-northern judicial district Decided September 19, 1995 1. Indictment and Information — Generally — Bill of Particulars For the facts stipulated to become an element of the offense, the trial court, prosecutor, and defense counsel must reasonably understand […]
OPINION OF THE JUSTICES, 145 N.H. 474 (2000)
765 A.2d 673 OPINION OF THE JUSTICES (REFORMED PUBLIC SCHOOL FINANCING SYSTEM) No. 00-179Supreme Court of New Hampshire Request of the Senate Decided December 7, 2000 1. Constitutional Law — New Hampshire Constitution — Education Senate bill proposing to establish a reformed public school financing system failed to satisfy requirements of New Hampshire Constitution, since […]
MOORE v. CASUALTY CO., 74 N.H. 47 (1906)
64 A. 1099 MOORE v. MARYLAND CASUALTY CO. a. Supreme Court of New Hampshire Cheshire. Decided October 2, 1906. Although the pendency of a prior suit in another state is not pleadable in abatement, the court may in its discretion direct that an action be continued to await the final disposition of litigation in a […]
HUNTRESS v. TUCKER, 104 N.H. 270 (1962)
184 A.2d 562 BARBARA HUNTRESS a. v. MARGARET TUCKER. No. 5045.Supreme Court of New Hampshire Rockingham.Argued June 6, 1962. Decided September 28, 1962. 1. The statute (RSA 516:23) providing that no party shall be compelled on deposition to disclose the names of witnesses by whom he proposes to prove his case precludes the opposing party […]
EXPRESS CO. v. MESERVE, 60 N.H. 198 (1880)
EASTERN EXPRESS CO. v. MESERVE a. Supreme Court of New Hampshire Strafford. Decided December, 1880. A contract of M., an expressman on the E. Railroad between Great Falls and Boston, to withdraw from that road as expressman on his own account, and to do no express business or in any way be connected with or […]
WILLIAMS v. MATHEWSON, 73 N.H. 242 (1905)
60 A. 687 WILLIAMS v. MATHEWSON a. Supreme Court of New Hampshire Grafton. Decided March 7, 1905. A demurrer to a bill in equity admits the truth of all material facts stated in the bill which are well pleaded, but not of inferences or conclusions of law which the plaintiff incorporates therein. A lessee of […]
OPINION OF THE JUSTICES, 81 N.H. 552 (1923)
120 A. 629 OPINION OF THE JUSTICES. Supreme Court of New Hampshire Decided April 2, 1923. A statute imposing a tax upon dividends on interest from stocks, bonds and other interest-bearing credits and indebtedness, except savings bank deposits, at the average rate of taxation throughout the state, provides a reasonable and proportional assessment which is […]
ZEROYAN v. DUNCAN, 88 N.H. 114 (1936)
184 A. 860 MARY K. ZEROYAN v. EUGENE D. DUNCAN. Supreme Court of New Hampshire Rockingham. Decided May 5, 1936. Whether a verdict should be set aside because the damages are excessive is a question of fact for the trial court, and its findings will not be disturbed unless it clearly appears that they were […]
SUBURBAN REALTY, INC. v. ALBIN, 131 N.H. 689 (1989)
559 A.2d 1332 SUBURBAN REALTY, INC. v. TED ALBIN No. 88-178Supreme Court of New Hampshire Hillsborough Decided June 13, 1989 1. Administrative Law — Orders and Regulations — Validity Where an administrative rule or its application threatens to interfere with a plaintiff’s legal rights, the proper procedure for challenging the rule is through a declaratory […]
TOWLE v. RAYMOND, 58 N.H. 64 (1877)
TOWLE v. RAYMOND. Supreme Court of New Hampshire Rockingham. Decided 1877 One who keeps and trains another’s horse, at the owner’s request, has a statutory lien for the keep, and a common-law lien for the training. IN EQUITY. The circuit court finding, as matter of fact, that the plaintiff was indebted to the defendant for […]
COVEY v. ROBINSON, 84 N.H. 439 (1930)
152 A. 279 LUCIUS COVEY a. v. RICHARD W. ROBINSON a. Supreme Court of New Hampshire Belknap. Decided November 5, 1930. Under the statute of vaccination (P. L., c. 123, s. 1, as amended by Laws 1929, c. 139) a local board of health has no duty to pass upon the medical qualification of a […]
BAILEY c. CO. v. RAILROAD, 78 N.H. 94 (1916)
97 A. 555 BAILEY LUMBER COMPANY v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Merrimack. Decided January 4, 1916. Upon the issue whether live sparks were likely to escape from a particular locomotive engine and to set premises on fire, evidence that other engines, of similar construction, equipped with similar spark-arresters and burning the […]
APPEAL OF LAKES REGION COMMUN. SERVS. COUNCIL, 127 N.H. 386 (1985)
499 A.2d 1352 APPEAL OF LAKES REGION COMMUNITY SERVICES COUNCIL (New Hampshire Department of Employment Security) No. 85-021Supreme Court of New Hampshire Department of Employment Security Decided October 30, 1985 Unemployment Compensation — Employer Liability — Self-Employed Persons Determination by the department of employment security (DES) that appellant was the employer of respite care providers […]
BELTON v. VITEK, 113 N.H. 183 (1973)
304 A.2d 362 BRUCE J. BELTON v. JOSEPH VITEK, WARDEN OF STATE PRISON No. 6489Supreme Court of New Hampshire Original Decided April 30, 1973 1. Question whether plaintiff’s return as a parole violator to the State prison following a district court finding of probable cause that he had committed a felony had been in accordance […]
HEAD DOWST CO. v. BREEDERS’ CLUB, 75 N.H. 449 (1910)
75 A. 982 HEAD DOWST CO. v. NEW ENGLAND BREEDERS’ CLUB. Supreme Court of New Hampshire Hillsborough. Decided March 1, 1910. A general verdict includes the finding of every fact necessary to sustain it of which there is evidence. The objection that evidence adduced by the adverse party is insufficient to warrant a verdict in […]
BATEMAN v. EDGERLY, 69 N.H. 244 (1897)
45 A. 95 BATEMAN a. v. EDGERLY, Assignee. Supreme Court of New Hampshire Merrimack. Decided December, 1897. The statute (P.S., c. 220, s. 2) exempting tools of a debtor’s occupation to the value of two hundred dollars from attachment and execution does not apply to partnership property. REPLEVIN, for articles alleged to be tools of […]
OPINION OF THE JUSTICES, 128 N.H. 14 (1986)
509 A.2d 744 OPINION OF THE JUSTICES No. 86-098Supreme Court of New Hampshire Request of the House of Representatives Decided May 1, 1986 Constitutional Law — New Hampshire Constitution — Searches and Seizures Sobriety checkpoint stops authorized in accordance with proposed legislation under which law enforcement agencies could obtain prior judicial authorization to implement such […]
STATE v. ALLARD, 123 N.H. 209 (1983)
459 A.2d 259 THE STATE OF NEW HAMPSHIRE v. DOUGLAS ALLARD No. 82-136Supreme Court of New Hampshire Cheshire Decided March 28, 1983 1. Constitutional Law — Identification of Accused — Generally The integrity of a courtroom identification is dependent upon the out-of-court identification: if the out-of-court identification is unreliable under the totality-of-the-circumstances test, then the […]
NASH FAMILY INV. PROP. v. TOWN OF HUDSON, 139 N.H. 595 (1995)
660 A.2d 1102 NASH FAMILY INVESTMENT PROPERTIES a. v. TOWN OF HUDSON a. No. 93-772Supreme Court of New Hampshire Hillsborough-southern judicial district Decided June 9, 1995 1. Municipal Law — Finances — Bonds It is unjust for a municipality to use interest earned on sewer bond money for any purpose other than to ease the […]
N.E. TEL. TEL. CO. v. CITY OF FRANKLIN, 141 N.H. 449 (1996)
685 A.2d 913 NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY a. v. CITY OF FRANKLIN a. No. 95-318Supreme Court of New Hampshire Merrimack Decided November 21, 1996 1. Appeal and Error — Summary Judgment — Standard of Review In reviewing the superior court’s grant of summary judgment to the plaintiffs, the supreme court considers the affidavits […]
McINTOSH v. PERSONNEL COMM’N, 117 N.H. 334 (1977)
374 A.2d 436 W. GRANT McINTOSH v. PERSONNEL COMMISSION OF THE STATE OF NEW HAMPSHIRE No. 7596Supreme Court of New Hampshire Personnel Commission Decided April 29, 1977 1. Constitutional Law — Due Process — Civil Service Rule of personnel commission placing burden of proof upon employee challenging recommendation of layoff did not deny due process; […]
LALLY v. FLIEDER, 159 N.H. 350 (2009)
CHRISTOPHER LALLY v. LAUREN FLIEDER. No. 2008-917.Supreme Court of New Hampshire. Concord District Court.Submitted: September 24, 2009. Opinion Issued: October 30, 2009. 1. Statutes — Generally — Language of Statute Where the phrase “including, but not limited to” is used in a statute, the application of that statute is limited to the types of items […]
STATE v. MELLO, 162 N.H. 115 (2011)
27 A.3d 771 THE STATE OF NEW HAMPSHIRE v. JAMES W. MELLO. No. 2010-455.Supreme Court of New Hampshire. Cheshire.Argued: April 13, 2011. Opinion Issued: May 26, 2011. 1. Records — Generally — Particular Records The legislature has provided two mechanisms for obtaining records and evidence located outside of New Hampshire. The first method pertains only […]
DILLMAN v. N.H. COLLEGE, 150 N.H. 431 (2003)
838 A.2d 1274 DAVID DILLMAN v. NEW HAMPSHIRE COLLEGE. No. 2003-109.Supreme Court of New Hampshire Hillsborough-northern Judicial DistrictArgued: November 12, 2003. Opinion Issued: December 30, 2003. 1. Verdict — Withdrawal of Issues from Jury — Directing a Verdict A trial court may grant a motion for a directed verdict only if it determines, after considering […]
DOOLAN v. COMPANY, 85 N.H. 531 (1932)
161 A. 39 SAMUEL H. DOOLAN v. UNITED STATES FIDELITY GUARANTY CO. Supreme Court of New Hampshire Coos. Decided June 7, 1932. If a policy insuring against liability for negligence in operating a motor vehicle contain no clause to the effect that no act or default on the part of the assured shall operate to […]
ALEX BUILDERS SONS v. DANLEY, 161 N.H. 19 (2010)
ALEX BUILDERS SONS, INC. v. MICHAEL DANLEY a. No. 2009-698.Supreme Court of New Hampshire. Rockingham.Argued: March 24, 2010. Opinion Issued: October 19, 2010. 1. Liens — Statutory Liens — Mechanic’s Liens New Hampshire cases set forth a three-part test to determine the sufficiency of a writ of attachment for purposes of a mechanic’s lien. It […]
BRACKETT v. PRINCE, 113 N.H. 302 (1973)
306 A.2d 763 HARRY BRACKETT v. WILLIAM T. PRINCE, JR. No. 6083Supreme Court of New Hampshire Rockingham Decided June 29, 1973 1. Trial court’s refusal to reopen a case after verdict so as to enable a party to present evidence available during the trial was not an abuse of discretion. Francis J. Riordan, orally, for […]
NICHOLAIDES v. WALLACE, 86 N.H. 465 (1934)
169 A. 874 VASILIOS NICHOLAIDES v. WILLIAM F. WALLACE. Supreme Court of New Hampshire Hillsborough. Decided January 2, 1934. A pedestrian injured by a car while crossing a street is not guilty of contributory negligence as matter of law where either his own evidence as to the places at which he looked out for approaching […]
STATE v. LEE, 113 N.H. 313 (1973)
307 A.2d 827 STATE OF NEW HAMPSHIRE v. JAMES T. LEE No. 6235Supreme Court of New Hampshire Rockingham Decided June 29, 1973 1. The fourth amendment to the United States Constitution prohibits as a serious threat to an individual’s privacy the interception of any communication uttered with a reasonable expectation of privacy. 2. The comprehensive […]
LAWLOR v. TOWN OF SALEM, 116 N.H. 61 (1976)
352 A.2d 721 OWEN W. LAWLOR v. TOWN OF SALEM No. 6699Supreme Court of New Hampshire Rockingham Decided February 27, 1976 1. The right acquired by a prior owner to maintain a trailer in a residential zone as a prior nonconforming use was valid so long as it was continued, but it could be lost […]
FOGG v. HOSKINS, 57 N.H. 484 (1876)
FOGG v. HOSKINS. Supreme Court of New Hampshire FROM GRAFTON CIRCUIT COURT. Decided August 11, 1876. Contract — Consideration — Rescission. F. conveyed a farm to H. for $2,500, subject to a mortgage to L. for $901, which H., as a part of the consideration, agreed with F. to pay to L., and secured the […]
TREAT v. STATE, 117 N.H. 6 (1977)
369 A.2d 214 WILLIAM TREAT a. v. STATE OF NEW HAMPSHIRE No. 7407Supreme Court of New Hampshire Rockingham Decided January 31, 1977 1. Highway — Limited Access Facilities — Abutting Owner’s Access Plaintiffs’ right of access to their property abutting on a limited access highway is subject to such terms and conditions as may be […]
PARADIS v. GREENBERG, 97 N.H. 173 (1951)
83 A.2d 606 GEORGE PARADIS v. BARNARD GREENBERG. No. 4029.Supreme Court of New Hampshire Strafford. Decided October 3, 1951. The benefits of the emergency doctrine may not be claimed by an operator motor vehicle who created the emergency by his failure to maintain a proper lookout and to slow down his vehicle at an intersecting […]
McLEAN v. RAILROAD, 80 N.H. 252 (1922)
116 A. 435 JAMES McLEAN v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Hillsborough. Decided January 3, 1922. An employee, injured while engaged in repairing the track of a railroad which extends from a point outside to a point inside of this state and is operated by the employer, is engaged in interstate commerce […]
GORDON v. GORDON, 55 N.H. 399 (1875)
[*] GORDON v. GORDON. Supreme Court of New Hampshire Grafton. Decided March 12, 1875. [*] See Gordon v. Gordon, 54 N.H. 152. REPORTER. Collateral impeachment of fraudulent, judgment. A decree of the probate court, granting license to an administrator to sell real estate, cannot by impeached collaterally for fraud, when the facts constituting the fraud […]
STATE v. JOHNSTON, 150 N.H. 448 (2004)
839 A.2d 830 STATE OF NEW HAMPSHIRE v. JAMES JOHNSTON, JR. No. 2003-232.Supreme Court of New Hampshire BelknapArgued November 12, 2003. Opinion Issued January 8, 2004. 1. Search and Seizure — Generally — Expectation of Privacy The two-part analysis for determining whether there is a reasonable expectation of privacy is: first, that an individual have […]
JOHN HANCOCK INS. CO. v. SHERIDAN, 104 N.H. 216 (1962)
182 A.2d 465 JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY v. HERBERT J. SHERIDAN a. No. 5047.Supreme Court of New Hampshire Coos.Submitted June 6, 1962. Decided June 29, 1962. 1. The interest of a beneficiary under a life insurance policy may be defeated by the exercise of the insured’s rights, as reserved in the policy, to […]
SHAW v. CITY OF MANCHESTER, 120 N.H. 529 (1980)
419 A.2d 394 ROBERT SHAW v. CITY OF MANCHESTER No. 79-239Supreme Court of New Hampshire Hillsborough Decided September 3, 1980 1. Judgments — Retroactive Application Although litigation in appeal from decision of zoning board had begun before supreme court rendered Cook decision altering the standard of review to be used by a trial court on […]
STATE v. TORRES, 130 N.H. 340 (1988)
540 A.2d 1217 THE STATE OF NEW HAMPSHIRE v. DIEGO TORRES No. 86-527Supreme Court of New Hampshire Rockingham Decided March 10, 1988 1. Constitutional Law — Miranda Warning — Waiver The standard for determining whether a defendant has waived his Miranda rights is that the State has the burden of proving beyond a reasonable doubt […]
WORTHEN v. KINGSBURY, 84 N.H. 304 (1930)
149 A. 869 HADLEY B. WORTHEN a. v. ROBERT T. KINGSBURY a. Supreme Court of New Hampshire Grafton. Decided April 1, 1930. Where a proceeding is based on a statute its requirements as to notice and procedure must be complied with. Legal notice of a hearing means more than bare knowledge by the party to […]
BONTE v. AMERICAN GLOBAL INS. CO., 136 N.H. 528 (1992)
618 A.2d 825 ANDRE BONTE f/n/f STEPHANIE BONTE v. AMERICAN GLOBAL INSURANCE COMPANY No. 91-369Supreme Court of New Hampshire Hillsborough Decided December 29, 1992 1. Insurance — Automobile Policies — Uninsured Motorist Coverage An insurance carrier’s subrogation rights against joint tortfeasors other than the uninsured motorist tortfeasor should be triggered only after insured has been […]
APPEAL OF STATE EMPLOYEES’ ASSOC. OF N.H., 158 N.H. 258 (2009)
APPEAL OF STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC., SEIU, LOCAL 1984 (New Hampshire Public Employee Labor Relations Board) No. 2008-032.Supreme Court of New Hampshire. Public Employee Labor Relations Board.Argued: November 19, 2008. Opinion Issued: January 14, 2009. 1. Labor — Labor Unions — Elections Under the administrative rule applying to certification petitions, where an […]
STATE v. THERIAULT, 158 N.H. 123 (2008)
THE STATE OF NEW HAMPSHIRE v. ROBERT THERIAULT. No. 2007-601.Supreme Court of New Hampshire. Merrimack.Argued: October 8, 2008. Opinion Issued: December 4, 2008. 1. Constitutional Law — Freedom of Speech and Press — Statutes The purpose of the overbreadth doctrine is to protect those persons who, although their speech or conduct is constitutionally protected, may […]
JORDAN v. ATHERTON, 68 N.H. 608 (1895)
39 A. 1113 JORDAN v. ATHERTON Tr. Supreme Court of New Hampshire Coos. Decided June, 1895. FOREIGN ATTACHMENT. The question reserved was “how much the trustee should be charged.” The amount was adjudged to be $400. CLARK, J., did not sit: the others concurred. Thomas F. Johnson and Drew, Jordan Buckley, for the plaintiff. Jason […]
JANVRIN v. JANVRIN, 58 N.H. 144 (1877)
JANVRIN v. JANVRIN. Supreme Court of New Hampshire Rockingham. Decided August, 1877. The rule, determining what conduct constitutes extreme cruelty as a cause of divorce, is matter of law; but whether the evidence shows such conduct, is a question of fact to be decided upon the trial. When it does not appear that evidence was […]
WILSON v. STREET RAILWAY, 84 N.H. 285 (1930)
149 A. 602 MARY WILSON v. BERLIN STREET RAILWAY. Supreme Court of New Hampshire Coos. Decided March 4, 1930. A city ordinance requiring a street railway company to clear snow from its tracks applies to ice as well as to snow and the word tracks includes that portion of the highway where passengers would naturally […]
L. K. LADD, INC. v. BAUER, 113 N.H. 267 (1973)
306 A.2d 60 L. K. LADD, INC. v. RICHARD F. BAUER RICHARD F. BAUER v. L. K. LADD, INC. AND RICHARD CUTTER No. 6525Supreme Court of New Hampshire Concord District Court Decided May 31, 1973 1. Statutory requirement that every justice or clerk of a municipal or district court shall keep a fair record of […]
KEATING v. GILSUM, 100 N.H. 84 (1956)
119 A.2d 344 JAMES KEATING a. v. GILSUM. No. 4437.Supreme Court of New Hampshire Cheshire.Argued December 6, 1955. Decided January 4, 1956. Where repairs to a Class V highway which was the responsibility of the town were undertaken at the request of the town by the State Department of Public Works and Highways through an […]
HARTFORD c. IND. CO. v. BRENNER, 92 N.H. 503 (1943)
32 A.2d 809 HARTFORD ACCIDENT AND INDEMNITY COMPANY v. ARCHIE BRENNER a. No. 3392.Supreme Court of New Hampshire Hillsborough. Decided June 25, 1943. On a petition for a declaratory judgment by an insurer against liability, a verdict was directed by the court below for the petitioner on the ground that the policy had been violated […]
OPINION OF THE JUSTICES, 110 N.H. 359 (1970)
266 A.2d 823 OPINION OF THE JUSTICES. No. 6085.Supreme Court of New Hampshire Request of Governor and Council. Answer returned June 30, 1970. 1. The duty of the supreme court to render an advisory opinion does not depend upon the consent or approval of other branches of the government affected. 2. Part I, article 37 […]
BANK v. YOUNG, 68 N.H. 13 (1894)
36 A. 550 NORWAY PLAINS SAVINGS BANK v. YOUNG, Assignee. Supreme Court of New Hampshire Rockingham. Decided June, 1894. The question of the competency or sufficiency of the evidence before the probate court is not material in this court upon appeal. APPEAL, by attaching creditors, from a decree of the judge of probate in an […]
INT’L SURPLUS LINES INS. CO. v. MFGS. MERCHANTS MUT., 140 N.H. 15 (1995)
661 A.2d 1192 INTERNATIONAL SURPLUS LINES INSURANCE COMPANY v. MANUFACTURERS MERCHANTS MUTUAL INSURANCE COMPANY a. No. 94-133Supreme Court of New Hampshire Merrimack Decided July 19, 1995 1. Insurance — Policies — Exclusionary Clauses Although arguably an insured in our litigious society could reasonably foresee that its every act “might” be basis for claim or suit, […]
FLINT v. RAILROAD, 73 N.H. 141 (1905)
59 A. 938 FLINT v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Sullivan. Decided January 3, 1905. A railroad company is bound to maintain cattle guards only against the owner or custodian of animals rightfully on the adjoining land or in the highway. Railroad companies engaged in the transportation of live stock are bound […]
STATE v. MEANEY, 134 N.H. 741 (1991)
599 A.2d 120 THE STATE OF NEW HAMPSHIRE v. JAMES MEANEY No. 91-033Supreme Court of New Hampshire Pelham Municipal Court Decided November 6, 1991 1. Administrative Law — Rules of Procedure — Application An incorporation by reference statement in an agency’s proposed rule certifies that the text of the matter incorporated has been reviewed by […]
PORTER v. CITY OF MANCHESTER, 151 N.H. 30 (2004)
849 A.2d 103 MICHAEL PORTER v. CITY OF MANCHESTER a. No. 2003-099.Supreme Court of New Hampshire Hillsborough-northern judicial district.Argued: February 4, 2004. Opinion Issued: May 14, 2004. 1. Labor — Termination of Employment — Wrongful Discharge In order to determine whether a city was entitled to an instruction on respondeat superior, it was necessary to […]
HARTFORD ACCIDENT INDEM. CO. v. DUVALL, 113 N.H. 28 (1973)
300 A.2d 732 HARTFORD ACCIDENT INDEMNITY CO. AND AMERICAN MUTUAL LIABILITY INSURANCE CO. v. ROBERT M. DUVALL, LABOR COMMISSIONER No. 6399Supreme Court of New Hampshire Hillsborough Decided January 31, 1973 1. Imposition of a penalty under RSA 281:37 II (Supp. 1972) upon an employer for failure to pay to an employee a workmen’s compensation award […]
DOTEN v. DOTEN, 66 N.H. 331 (1890)
29 A. 542 DOTEN v. DOTEN, Ex’r. Supreme Court of New Hampshire Grafton. Decided June, 1890. A legacy made payable at a day fixed in the will, bears interest only from the time it becomes due. BILL IN EQUITY, to recover interest on a legacy. The bill alleges that the plaintiff, Mabel P. Doten, is […]
PLASTIC LAMINATED PRODS., INC. v. SEPPALA, 115 N.H. 22 (1975)
332 A.2d 185 PLASTIC LAMINATED PRODUCTS, INC. v. ARTHUR SEPPALA No. 6960Supreme Court of New Hampshire Cheshire Decided January 31, 1975 1. Express grant of a right of way over grantor’s retained land precluded implication of some other right of way by necessity, although granted way was ineffective. 2. To warrant rescission of a sale […]
CAMPBELL MARINE CONST., INC. v. TOWN OF GILFORD, 132 N.H. 495 (1989)
567 A.2d 184 CAMPBELL MARINE CONSTRUCTION, INC. v. TOWN OF GILFORD No. 88-454Supreme Court of New Hampshire Belknap Decided December 13, 1989 1. Statutes — Construction and Application — Construction as a Whole The intent of an ordinance or statute is determined from its construction as a whole and not by separately construing isolated words […]
LENZ v. COMPANY, 88 N.H. 212 (1936)
186 A. 329 HENRY LENZ v. STANDARD OIL COMPANY OF NEW YORK. SAME v. EMERY W. BAILEY. Supreme Court of New Hampshire Hillsborough. Decided June 26, 1936. An obligation rests upon one who delivers an article, which he knows or ought to know to be peculiarly dangerous, to give notice of its character, or bear […]
NEW CANAAN ACADEMY v. TOWN OF CANAAN, 122 N.H. 134 (1982)
441 A.2d 1174 NEW CANAAN ACADEMY, INC. v. TOWN OF CANAAN No. 81-050Supreme Court of New Hampshire Grafton Decided February 19, 1982 1. Words and Phrases — Educational Institutions The term educational institution has not been clearly defined in New Hampshire. 2. Taxation — Exemptions — Educational Institutions The determination of what constitutes an educational […]
STATE v. WEST, 112 N.H. 317 (1972)
295 A.2d 457 STATE v. WILLIAM WEST. No. 6287.Supreme Court of New Hampshire Hillsborough. Decided September 29, 1972. 1. Evidence in the record did not sustain defendant’s argument that, although in the absence of statutory provision to the contrary, the uncorroborated testimony of an accomplice is competent evidence upon which to found a verdict, such […]
WATTS v. COMPANY, 80 N.H. 152 (1921)
114 A. 859 MARTHA A. WATTS v. DERRY SHOE COMPANY. Supreme Court of New Hampshire Rockingham. Decided June 29, 1921. In an action upon the employers’ liability act, evidence that the plaintiff was injured by falling down on a floor rendered slippery by sprinkling with an unnecessary quantity of water warranted a finding by the […]
OPINION OF THE JUSTICES, 102 N.H. 195 (1959)
152 A.2d 878 OPINION OF THE JUSTICES. No. 4769.Supreme Court of New Hampshire Request of the Senate.Submitted June 30, 1959. Answer returned July 9, 1959. 1. The Legislature in the exercise of its power (Const., Pt. II, Art. 5th) to name or provide for the naming of all civil officers of the state may provide […]
BRODERICK v. HUNT, 77 N.H. 139 (1913)
89 A. 302 THOMAS M. BRODERICK v. ALBERT H. HUNT a. Supreme Court of New Hampshire Hillsborough. Decided December 2, 1913. The fact that the members of a board of aldermen were equally divided in their votes upon an election contest does not deprive the court of jurisdiction to entertain a petition for the correction […]
STATE v. COLLINS, 62 N.H. 694 (1882)
STATE v. COLLINS. Supreme Court of New Hampshire Grafton. Decided June, 1882. ATTACHMENT, for the violation of an injunction. Facts found by the court. Pike Parsons, for the state. Burleigh Adams, for the defendant. STANLEY, J. Evidence of the defendant’s intent, in mitigation of penalty, will be heard at the trial term. Case discharged. ALLEN […]
BRICKMAN v. CITY OF MANCHESTER, 119 N.H. 919 (1979)
409 A.2d 1328 HERBERT L. BRICKMAN v. CITY OF MANCHESTER No. 79-100Supreme Court of New Hampshire Hillsborough Decided December 28, 1979 1. Taxation — Appraisal and Assessment — Abatements In tax abatement petitions, the trial court is empowered to make a determination of the subject property’s market value. 2. Taxation — Appraisal and Assessment — […]
PETITION OF MOONEY, 160 N.H. 607 (2010)
PETITION OF JAMES M. MOONEY (New Hampshire Department of Safety Bureau of Hearings). No. 2009-119.Supreme Court of New Hampshire. Department of Safety Bureau of Hearings.Submitted: April 22, 2010. Opinion Issued: August 19, 2010. 1. Administrative Law — Judicial Review —Generally The plain words of the statute governing appeal from suspension or revocation of driver’s licenses […]
DART v. BEAN, 75 N.H. 606 (1910)
76 A. 172 DART v. BEAN. Supreme Court of New Hampshire Cheshire. Decided April 5, 1910. ASSUMPSIT, to recover damages for breach of a written contract. Trial by the court. Transferred from the April term, 1909, of the superior court by Pike, J. The contract provides that Dart “shall put his steam mill on cars, […]
OPINION OF THE JUSTICES, 102 N.H. 73 (1959)
150 A.2d 522 OPINION OF THE JUSTICES. No. 4749.Supreme Court of New Hampshire Request of House of Representatives.Submitted April 23, 1959. Answer returned April 23, 1959. 1. The imposition of a service fee upon common carriers engaged in this state in carrying passengers by air with respect to each passenger emplaning at a public landing […]
SPEKIN v. CARON, 96 N.H. 248 (1950)
73 A.2d 798 LOUIS SPEKIN a. v. CHARLES CARON. No. 3920.Supreme Court of New Hampshire Hillsborough. Decided June 6, 1950. The filing of a petition in bankruptcy and for an arrangement in such proceedings does not divest the Superior Court of its continuing jurisdiction over a pending action of assumpsit against the debtor or avoid […]
STATE v. DEMMONS, 137 N.H. 716 (1993)
634 A.2d 998 THE STATE OF NEW HAMPSHIRE v. DONALD F. DEMMONS, JR. No. 92-333Supreme Court of New Hampshire Rockingham Decided November 30, 1993 1. Offenses — Particular Crimes — Sexual Offenses On appeal from conviction on two counts of felonious sexual assault for sexual penetration in the form of anal and sexual intercourse, defendant’s […]
STATE v. JOHNSON, 129 N.H. 33 (1986)
523 A.2d 47 THE STATE OF NEW HAMPSHIRE v. REGINALD D. JOHNSON No. 86-108Supreme Court of New Hampshire Grafton Decided December 30, 1986 1. Witnesses — Victims — Credibility Eyewitness-victims are presumptively credible. 2. Searches and Seizures — Supporting Affidavit — Credibility of Sources At trial for possession of stolen property, motion to suppress evidence […]