222 A.2d 214 WILLIAM ARMSTRONG HUNTER v. STATE. No. 5503.Supreme Court of New Hampshire Hillsborough.Argued June 7, 1966. Decided August 31, 1966. 1. An appeal to the Superior Court from the decision of the Commissioner of Employment Security filed with the clerk of Superior Court more than ten days after the date of mailing by […]
Category: New Hampshire Court Opinions
BUSINESS PUBLICATIONS v. STEPHEN, 140 N.H. 145 (1995)
666 A.2d 932 BUSINESS PUBLICATIONS, INC. v. ROBERT STEPHEN AND JAMES FINNEGAN No. 94-157Supreme Court of New Hampshire Hillsborough-northern judicial district Decided August 14, 1995 1. Torts — Particular Torts — Malicious Prosecution The law is well settled that a party may not sue for malicious prosecution until after the underlying proceeding has terminated in […]
MUSGROVE v. GOSS, 75 N.H. 208 (1909)
72 A. 371 MUSGROVE v. Goss Tr., WATSON, Claimant. Supreme Court of New Hampshire Grafton. Decided March 2, 1909. One who has in his possession a bank check payable to the order of himself and another is chargeable as the trustee of the other payee, to the amount of the latter’s interest in the fund. […]
STATE v. DOYLE, 117 N.H. 789 (1977)
378 A.2d 1379 THE STATE OF NEW HAMPSHIRE v. LAWRENCE DOYLE No. 7784Supreme Court of New Hampshire Durham District Court Decided October 17, 1977 1. Courts — Supreme Court — Transfers of Interlocutory Matters Since transfers of questions of law to supreme court in advance of trial in district and municipal courts and of trial […]
CROWLEY v. MARSHALL, 80 N.H. 442 (1922)
118 A. 673 WILLIAM CROWLEY v. WILBUR A. MARSHALL. Supreme Court of New Hampshire Coos. Decided October 3, 1922. In order to satisfy the statute of frauds by acceptance and actual receipt of the whole or a part of the goods sold, there must be evidence sufficient to justify finding that the buyer came into […]
STATE EMPLOYEES’ ASSOC. v. STATE OF NEW HAMPSHIRE, 161 N.H. 558 (2011)
20 A.3d 262 STATE EMPLOYEES’ ASSOCIATION OF NEW HAMPSHIRE, INC., SEIU LOCAL 1984 v. STATE OF NEW HAMPSHIRE. No. 2010-205.Supreme Court of New Hampshire. Merrimack.Argued: November 17, 2010. Opinion Issued: February 25, 2011. 1. Administrative Law — Status of Administrative Bodies — Agencies, Boards and Commissions Receipt of state funds is not dispositive of the […]
HORNE v. HUTCHINS, 71 N.H. 128 (1901)
51 A. 651 HORNE a. v. HUTCHINS. Supreme Court of New Hampshire Carroll Decided December 3, 1901. Where the owners of mills situated upon opposite sides of a stream are in dispute concerning their respective water rights, the controversy may be determined, and the privileges defined, by an award of arbitrators upon an oral submission […]
HEALY v. TELGE, 139 N.H. 407 (1995)
653 A.2d 1118 JOHN AND JUDY HEALY v. PETER TELGE a. No. 93-376Supreme Court of New Hampshire Rockingham Decided February 8, 1995 1. Sales — Warranties — Implied Warranty of Habitability While New Hampshire does recognize the existence of an implied warranty of habitability and workmanlike quality in the sale of a house, it is […]
OPINION OF THE JUSTICES, 109 N.H. 366 (1969)
252 A.2d 429 OPINION OF THE JUSTICES. No. 5934.Supreme Court of New Hampshire Request of the House of Representatives. Decided April 30, 1969. 1. A request for the opinion of the Justices propounded by the House of Representatives may properly be withdrawn by resolution of such house, and upon such withdrawal the Justices are without […]
McINTIRE v. EASTERN RAILROAD, 58 N.H. 137 (1877)
McINTIRE ux. v. THE EASTERN RAILROAD. Supreme Court of New Hampshire Rockingham. Decided August, 1877. Amendments may be made that change neither the form nor the cause of action. CASE, for personal injuries to the wife, occasioned by a collision of the defendants’ locomotive and her wagon, at a crossing of the highway and the […]
STATE v. JUSTUS, 140 N.H. 413 (1995)
666 A.2d 1353 THE STATE OF NEW HAMPSHIRE v. ROBERT JUSTUS No. 93-856Supreme Court of New Hampshire Rockingham Decided November 6, 1995 1. Criminal Law — Speedy Trial — Particular Cases Given the distinctive nature of juvenile certification proceedings, it is reasonable to consider delay in the juvenile hearings separate from the delay in bringing […]
A. PERLEY FITCH CO. v. COMPANY, 81 N.H. 495 (1925)
128 A. 686 A. PERLEY FITCH COMPANY v. PHOENIX INSURANCE COMPANY. Supreme Court of New Hampshire Merrimack. Decided March 3, 1925. When there is a conflict of testimony as to whether a rider attached to a policy of fire insurance, amending the policy with respect to the location of the goods insured, correctly represents the […]
MANCHESTER v. IDEAL DAIRY, 103 N.H. 361 (1961)
172 A.2d 357 MANCHESTER v. IDEAL DAIRY, INC. a. No. 4925.Supreme Court of New Hampshire Hillsborough.Argued May 2, 1961. Decided June 30, 1961. 1. The statutory authority (RSA 184:4) granted to municipal boards of health to license those desiring to sell milk and dairy products upon furnishing “reasonable assurance that the cows from which the […]
PIKE INDUS v. WOODWARD, 160 N.H. 259 (2010)
PIKE INDUSTRIES, INC. a. v. BRIAN WOODWARD a. No. 2009-126.Supreme Court of New Hampshire. Strafford.Argued: January 13, 2010. Opinion Issued: May 7, 2010. 1. Municipal Law — Construction of Ordinances— Generally A court construes the words and phrases of an ordinance according to the common and approved usage of the language. When the language of […]
ZWIERCAN v. COMPANY, 87 N.H. 196 (1935)
176 A. 286 JOSEPHINE ZWIERCAN, Adm’x v. INTERNATIONAL SHOE COMPANY. Supreme Court of New Hampshire Hillsborough. Decided January 1, 1935. An attack of heat prostration occurring in the course of employment is within the workmen’s compensation act if the attack arose out of the employment. If the work by reason of its character adds to […]
TESSIER v. BLOOD, 122 N.H. 435 (1982)
446 A.2d 450 ROBERT L. TESSIER a. v. KENNETH G. BLOOD, JR. No. 81-305Supreme Court of New Hampshire Rockingham Decided May 17, 1982 1. Judgments — Default — Discretion of Trial Court Deciding whether to vacate a judgment and strike a default is a matter within the trial court’s discretion which will not be disturbed […]
PETITION OF OLIVER GOBIN, 95 N.H. 532 (1949)
70 A.2d 920 PETITION OF OLIVER GOBIN No. 3881.Supreme Court of New Hampshire Original Decided October 3, 1949. This is the latest in a long series of petitions for writs of habeas corpus filed by Oliver Gobin both in this court and in the Superior Court. See No. 3847, Gobin v. O’Brien. In the present […]
EHRENBERG v. CITY OF CONCORD, 120 N.H. 656 (1980)
421 A.2d 128 ROBERT N. EHRENBERG a. d/b/a CLINTON ASSOCIATES v. THE CITY OF CONCORD No. 80-069Supreme Court of New Hampshire Merrimack Decided September 26, 1980 1. Certiorari — Scope of Review Whether or not a city council generally serves a legislative or administrative function, it is subject to review under a writ of certiorari […]
AMERICAN EXPRESS TRAVEL v. MOSKOFF, 144 N.H. 190 (1999)
738 A.2d 358 AMERICAN EXPRESS TRAVEL v. DAVID MOSKOFF No. 98-016Supreme Court of New Hampshire Rockingham Decided September 13, 1999 1. Discovery — Interrogatories.Response Defendant in action on credit card debt did not waive his right to object to interrogatories by failing to move to strike them before conditional default was granted; defendant answered interrogatories […]
BRUYERE v. JADE REALTY CORP., 117 N.H. 564 (1977)
375 A.2d 600 JACQUELINE A. BRUYERE a. v. JADE REALTY CORPORATION No. 7703Supreme Court of New Hampshire Milford District Court Decided June 27, 1977 1. Property — Purchase Agreements — Financing Intent of financing clause in a purchase and sale agreement for real property is to protect buyer from involuntary breach; however, where condition precedent […]
OPINION OF THE JUSTICES (PROP. TAX. OF TEL. POLES), 142 N.H. 102 (1997)
697 A.2d 125 OPINION OF THE JUSTICES (Property Taxation of Telephone Poles) No. 97-308Supreme Court of New Hampshire Request of the Senate Decided June 23, 1997 1. Taxation — Practice and Procedure — Judicial Review Under part II, article 6 of the State Constitution, the legislature has broad discretion to classify property for taxation purposes, […]
ARTHUR WHITCOMB, INC. v. TOWN OF CARROLL, 141 N.H. 402 (1996)
686 A.2d 743 ARTHUR WHITCOMB, INC. d/b/a TWIN MOUNTAIN SAND GRAVEL v. TOWN OF CARROLL No. 95-309Supreme Court of New Hampshire Coos Decided November 13, 1996 1. Zoning and Planning — Variances and Nonconforming Uses — Validityof Zoning Ordinances Although RSA chapter 674 grants towns the authority to enact land use ordinances and regulations, local […]
STATE v. CAMPBELL, 127 N.H. 112 (1985)
498 A.2d 330 THE STATE OF NEW HAMPSHIRE v. PAUL CAMPBELL No. 84-119Supreme Court of New Hampshire Cheshire Decided August 15, 1985 1. Constitutional Law — Right to Effective Counsel — Expert Services Decision on a request by an indigent defendant for access to services of experts other than counsel lies within the sound discretion […]
STATE v. COURTEMARCHE, 142 N.H. 772 (1998)
711 A.2d 248 THE STATE OF NEW HAMPSHIRE v. GREGORY COURTEMARCHE No. 96-184Supreme Court of New Hampshire Nashua District Court Decided May 14, 1998 1. Criminal Law — Double Jeopardy — Attachment Jeopardy attaches when a trial commences. This moment occurs in a jury trial when a jury is sworn or empaneled or, in a […]
STATE v. BRACKETT, 122 N.H. 716 (1982)
449 A.2d 1210 THE STATE OF NEW HAMPSHIRE v. CHARLES S. BRACKETT No. 81-288Supreme Court of New Hampshire Cheshire Decided August 6, 1982 1. Criminal Law — Probation — Violation Proceeding A probation violation hearing held pursuant to the statute governing violation and termination of probation is not part of a criminal prosecution; therefore, the […]
WOOLEY v. ROCHESTER, 60 N.H. 467 (1881)
WOOLEY v. ROCHESTER. Supreme Court of New Hampshire Strafford. Decided June, 1881. In an action upon the statute of highways, a town is not estopped to deny the existence of a highway which has not been established in statutory method, but which the town has voted to accept, and has kept in repair less than […]
STATE v. O’MALLEY, 120 N.H. 507 (1980)
416 A.2d 1387 THE STATE OF NEW HAMPSHIRE v. JOHN T. O’MALLEY No. 79-374Supreme Court of New Hampshire Rockingham Decided June 25, 1980 1. Motor Vehicles — Operation Under the Influence — Elements In appeal of conviction of driver found guilty of operating a motor vehicle while under the influence of intoxicating liquor and after […]
MOORE v. N.H. INS. CO., 122 N.H. 328 (1982)
444 A.2d 543 JULIEN MOORE, R-W ASSOCIATES, INC. a. v. NEW HAMPSHIRE INSURANCE COMPANY, AETNA CASUALTY SURETY COMPANY a. No. 80-309 No. 80-310Supreme Court of New Hampshire Rockingham Decided April 7, 1982 1. Appeal and Error — Findings — Supporting Evidence Resolution of conflicts in the evidence is for the trier of fact, and the […]
WYMAN v. DE GREGORY, 100 N.H. 513 (1957)
132 A.2d 133 LOUIS C. WYMAN v. HUGO DE GREGORY. No. 4563.Supreme Court of New HampshireArgued December 28, 1956. Decided January 2, 1957. Louis C. Wyman, Atty. Gen., for plaintiff. James C. Cleveland, New London, for defendant. PER CURIAM. Motion by defendant for stay of execution of an order for committal to jail for contempt […]
DONAGHEY v. CROTEAU, 119 N.H. 320 (1979)
401 A.2d 1081 KENNETH A. DONAGHEY a. v. WALTER S. CROTEAU a. No. 79-003Supreme Court of New Hampshire Merrimack Decided May 9, 1979 1. Waters — Navigable Waters — Riparian and Littoral Rights Consonant with the laws of riparian and littoral rights, an owner of property abutting a navigable body of water may convey ownership […]
STATE v. WELCH, 64 N.H. 525 (1888)
15 A. 146 STATE v. WELCH. Supreme Court of New Hampshire Carroll. Decided June, 1888. On the trial of an indictment for the illegal sale of liquor to A, evidence of sales to B and a within a year before the first day of the term at which the indictment was found is admissible, as […]
GAGNON v. FRANK, 83 N.H. 122 (1927)
139 A. 373 LENA M. GAGNON v. MAUDE M. FRANK. Supreme Court of New Hampshire Rockingham. Decided November 1, 1927. In an action under P. L., c. 150, ss. 23, 24, to recover for injuries received from a dog, the plaintiff is not required to establish the owner’s knowledge of the dog’s vicious propensities. Such […]
STATE v. WINSTEAD, 150 N.H. 244 (2003)
836 A.2d 775 THE STATE OF NEW HAMPSHIRE v. WILLIAM T. WINSTEAD. No. 2002-660.Supreme Court of New Hampshire Claremont District CourtArgued: October 9, 2003. Opinion Issued: November 12, 2003. 1. Appeal and Error — Preservation of Questions — Failure to Make Specific Objections Because defendant failed to make a contemporaneous and specific objection to the […]
IN RE LAURIE B., 125 N.H. 784 (1984)
489 A.2d 567 In re LAURIE B. a. No. 83-193Supreme Court of New Hampshire Strafford Decided December 31, 1984 1. Infants — Neglected Children — Statutes The district court in a neglected child proceeding properly determined that the city, primarily, and the parent, secondarily, were liable for placement expenses under statute then in effect, Page […]
STATE v. HALL, 152 N.H. 374 (2005)
877 A.2d 222 THE STATE OF NEW HAMPSHIRE v. JAMES J. HALL. No. 2003-434.Supreme Court of New Hampshire Merrimack.Argued: March 23, 2005. Opinion Issued: June 23, 2005. 1. Criminal Law — Grand Jury — Generally A grand jury proceeding is not an adversary hearing in which the guilt or innocence of the accused is adjudicated; […]
RAILROAD v. PORTSMOUTH, 62 N.H. 344 (1882)
EASTERN RAILROAD IN N.H. v. PORTSMOUTH a. Supreme Court of New Hampshire Rockingham. Decided December, 1882. A railroad is not liable to contribute to the expense of maintaining gates at highway crossings upon the track of another railroad in which it has no right or interest except a right acquired under the statute to use […]
VAUTOUR v. BODY MASTERS SPORTS INDUSTRIES, 147 N.H. 150 (2001)
784 A.2d 1178 DAVID S. VAUTOUR a. v. BODY MASTERS SPORTS INDUSTRIES, INC. No. 99-749Supreme Court of New Hampshire Grafton Decided November 5, 2001 1. Torts — Products Liability — Defective Design Product is defectively designed when it is manufactured in conformity with the intended design but the design itself poses unreasonable dangers to consumers. […]
CLAREMONT SCHOOL DIST. v. GOVERNOR, 144 N.H. 210 (1999)
744 A.2d 1107 CLAREMONT SCHOOL DISTRICT a. v. GOVERNOR a. No. 97-001Supreme Court of New Hampshire Merrimack Decided October 15, 1999 1. Taxation — Assessment of Real Property Taxes — Abatement Phase-in of statewide education property tax could not constitute an “abatement” of tax, because it did not limit tax relief to “persons aggrieved” by […]
GARDNER v. KIMBALL, 58 N.H. 202 (1877)
GARDNER v. KIMBALL a. Supreme Court of New Hampshire Strafford. Decided December, 1877. A promissory note, referred to in a deposition, and marked and sent with it to court by the magistrate who wrote the deposition, though not attached to it, may be read in evidence. The overruling, by the presiding judge, of an objection […]
APPEAL OF BOW SCHOOL DISTRICT, 134 N.H. 64 (1991)
588 A.2d 366 APPEAL OF THE BOW SCHOOL DISTRICT (New Hampshire Public Employee Labor Relations Board) No. 89-489Supreme Court of New Hampshire Public Employee Labor Relations Board Decided March 22, 1991 1. Public Employees — Collective Bargaining — Review Substantial deference is accorded to public employee labor relations board’s (PELRB) findings of fact in collective […]
STORER POST v. PAGE, 70 N.H. 280 (1900)
47 A. 264 STORER POST, NO. 1, GRAND ARMY OF THE REPUBLIC, v. PAGE a. Supreme Court of New Hampshire Rockingham. Decided June, 1900. Assumpsit, and not mandamus, is the proper remedy to enforce the payment of an appropriation made by a municipal corporation. PETITION, for a writ of mandamus, to compel the payment to […]
RECORD v. TRUST COMPANY, 89 N.H. 1 (1937)
192 A. 177 ALICE F. RECORD v. ROCHESTER TRUST CO. Supreme Court of New Hampshire Strafford. Decided May 4, 1937. When two or more persons sign a document with no apparent difference in interest or application, the order in which they sign is of no effect in determining their legal obligations. Negotiable paper is to […]
SHUTE v. COMPANY, 69 N.H. 210 (1897)
40 A. 391 SHUTE Adm’r, v. EXETER MANUFACTURING CO. Supreme Court of New Hampshire Rockingham. Decided December, 1897. In an action for injuries resulting from the breaking of a pulley, evidence that a former pulley of the same size, construction, and material, broke while being used in the same place, for the same purpose, and […]
OULETTE v. COMPANY, 79 N.H. 112 (1918)
105 A. 414 CHARLES OULETTE v. THE J. H. MENDELL ENGINEERING AND CONSTRUCTION COMPANY. Supreme Court of New Hampshire Hillsborough. Decided December 3, 1918. An instruction to the effect that under Laws 1911, c. 163 servants no longer assume the risks incident to their employment if such employment is within the statutory classification, is not […]
EASTMAN v. ASSOCIATION, 65 N.H. 176 (1889)
18 A. 745 EASTMAN, Adm’r, v. THE PROVIDENT MUTUAL RELIEF ASSOCIATION. Supreme Court of New Hampshire Merrimack. Decided June, 1889. Equity will so reform a written contract as to make it express the intention of the parties, although their mistake was one of law. One who adopts an act done in his behalf by another […]
FOSTER v. DUTTON, 84 N.H. 471 (1930)
152 A. 722 GEORGE A. FOSTER, Trustee, v. EARL S. DUTTON. Supreme Court of New Hampshire Merrimack. Decided December 2, 1930. Devise of real estate to trustees, the trust to be managed in a prudent and business-like manner and for the best interests of the estate and to continue during the lifetime of testator’s daughter […]
MANUFACTURING CO. v. HEAD, 56 N.H. 386 (1876)
AMOSKEAG MANUFACTURING CO. v. HEAD. Supreme Court of New Hampshire FROM MERRIMACK CIRCUIT COURT. Decided March 20, 1876. Constitutionality of the flowage act of 1868. The flowage act of 1868 — Laws of 1868, ch. 20 — is not unconstitutional. FROM MERRIMACK CIRCUIT COURT. This is a petition for the assessment of the defendant’s land […]
QUIMBY v. WOODBURY, 63 N.H. 370 (1885)
QUIMBY v. WOODBURY. Supreme Court of New Hampshire Merrimack. Decided June, 1885. The doctrine of contributory negligence applies in an action to recover double damages, under Gen. Laws, c. 115, s. 11, for an injury done by a dog. DEBT, on the statute (G. L., c. 115, s. 11), to recover double damages sustained by […]
McCRADY v. MAHON, 119 N.H. 247 (1979)
400 A.2d 1173 MURIEL McCRADY v. JOHN E. MAHON No. 78-252Supreme Court of New Hampshire Rockingham Decided April 13, 1979 1. Parent and Child — Support — Credit for Payments Directly to Child On issue whether to allow parent a credit on a child support order for voluntary payments made directly to the children rather […]
OPINION OF THE JUSTICES, 116 N.H. 351 (1976)
358 A.2d 667 OPINION OF THE JUSTICES No. 7494Supreme Court of New Hampshire Request of House of Representatives Decided June 8, 1976 1. Proposed “taxes” or required payments “in lieu of taxes” on pari-mutuel pools would not be “direct taxes” in constitutional sense or taxes upon polls or estates, and sections of Senate bill proposing […]
MERCER v. PIKE, 58 N.H. 286 (1878)
MERCER a. v. PIKE. Supreme Court of New Hampshire Sullivan. Decided March, 1878. When an estate has been practically although irregularly settled, further administration will not be granted when not requested by one having some interest in the estate. APPEAL, from the decree of the probate court appointing the defendant administrator de bonis non, with […]
GEE v. INSURANCE CO., 55 N.H. 65 (1874)
GEE v. CHESHIRE COUNTY MUT. FIRE INS. CO. Supreme Court of New Hampshire Cheshire. Decided December 15, 1874. The plaintiff obtained a policy of insurance from The Niagara Insurance Co. on his house, barn, and other property, which contained a condition that “if the assured shall have existing, during the existence of this policy, any […]
DUNFEY REALTY CO. v. ENWRIGHT, 101 N.H. 195 (1957)
138 A.2d 80 DUNFEY REALTY CO., INC. v. GEORGE J. ENWRIGHT. No. 4603.Supreme Court of New Hampshire Rockingham.Argued October 1, 1957. Decided December 18, 1957. 1. Where by the terms of a written employment contract the defendant agreed that upon termination of his employment he would not engage in competition with the plaintiff’s real estate […]
HERSEY v. MARYLAND CASUALTY CO., 102 N.H. 541 (1960)
162 A.2d 160 WALDON B. HERSEY v. MARYLAND CASUALTY COMPANY. No. 4835.Supreme Court of New Hampshire Hillsborough.Argued May 3, 1960. Decided June 30, 1960. 1. A liability insurer is not liable for damages to the insured for delay in making an investigation and for failure to make timely disclaimer of insurance where it is agreed […]
BANK v. BUZZELL, 60 N.H. 189 (1880)
FARMINGTON NATIONAL BANK v. BUZZELL a. Supreme Court of New Hampshire Strafford. Decided December, 1880. A note signed by husband and wife, apparently as joint principals is not binding on the wife if in fact she signed it as surety for her husband, although the payee supposed she was principal. Page 190 Her common-law incapacity […]
CITY OF PORTSMOUTH v. KAROSIS, 126 N.H. 717 (1985)
498 A.2d 291 CITY OF PORTSMOUTH v. ROBERT KAROSIS AND THOM A. LAGER No. 85-027Supreme Court of New Hampshire Portsmouth District Court Decided July 1, 1985 1. Municipal Corporations — Powers — Granted by State Cities and towns have only those powers which are granted to them by the legislature. 2. Municipal Corporations — Powers […]
APPLIED CHEMICAL TECHNOLOGY v. TOWN OF MERRIMACK, 126 N.H. 45 (1985)
490 A.2d 1348 APPLIED CHEMICAL TECHNOLOGY, INC. v. TOWN OF MERRIMACK AND ANHEUSER-BUSCH, INC., INTERVENOR No. 83-442Supreme Court of New Hampshire Hillsborough Decided February 7, 1985 1. Environmental Law — Land Use and Planning — Interaction of State and Municipal Law In light of their comprehensive nature, the State’s hazardous waste statutes preempt any local […]
COREY v. TOWN OF MERRIMACK, 140 N.H. 426 (1995)
666 A.2d 1359 PAUL COREY AND MAJESTIC MOTORS, INC. v. TOWN OF MERRIMACK No. 94-170Supreme Court of New Hampshire Hillsborough-southern judicial district Decided November 9, 1995 1. Licenses — Particular Kinds — Junkyards The legislature has designed a bifurcated junkyard licensing system; RSA 236:111-:129 governs the licensing of junkyards by local governing bodies while RSA […]
BOUCHER v. COMPANY, 91 N.H. 215 (1940)
17 A.2d 98 ALDEA BOUCHER v. NAMASKET CO. No. 3190.Supreme Court of New Hampshire Hillsborough. Decided December 3, 1940. A servant does not assume the risk of injury unless his actual or constructive knowledge of those factors which produce his injury is substantially complete. An employee’s knowledge that it was dangerous to place her hand […]
CAPELLE v. TROBER, 80 N.H. 43 (1921)
112 A. 798 MINERVA CAPELLE, Adm’x, v. PHILIP TROBER. Supreme Court of New Hampshire Rockingham. Decided February 1, 1921. Incompetent and prejudicial testimony, if stricken out, no exception being taken on the ground that it rendered the trial unfair, is not ground for disturbing a verdict. In case for negligently causing death, evidence that since […]
MORSE v. WHEELER, 69 N.H. 292 (1897)
45 A. 561 MORSE v. WHEELER. HERRICK v. SAME. Supreme Court of New Hampshire Cheshire. Decided December, 1897. The laying out of a highway by selectmen is vacated by an appeal; and during the pendency thereof, one who travels the way is liable to the landowner in an action of trespass. TRESPASS, quare clausum. Facts […]
LYMAN v. RAILROAD, 66 N.H. 200 (1890)
20 A. 976 LYMAN, Adm’r, v. BOSTON MAINE RAILROAD. Supreme Court of New Hampshire Rockingham. Decided June, 1890. On a motion for a nonsuit, the construction most favorable for the plaintiff must be given. When all the circumstances under which an accident took place are shown, and upon an examination of them nothing is found […]
CITY OF NASHUA v. GAUKSTERN, 117 N.H. 30 (1977)
369 A.2d 211 CITY OF NASHUA v. FERDINAND G. GAUKSTERN a. No. 7468Supreme Court of New Hampshire Hillsborough Decided January 31, 1977 1. Eminent Domain — Limitation of Power The Eminent Domain Procedure Act, RSA ch. 498-A (Supp. 1975), is not intended to enlarge or diminish the power of condemnation by law to any condemnor […]
GITTERMAN CO. v. COMPANY, 87 N.H. 335 (1935)
179 A. 351 GITTERMAN COMPANY v. LYNN MODERN SHOE COMPANY. Supreme Court of New Hampshire Strafford. Decided June 4, 1935. A vendor who has been induced to part with the possession of goods by the fraud of the vendee may rescind the sale and replevy the goods. One who by purchase secures the delivery of […]
CARIGNAN v. COMPANY, 95 N.H. 333 (1949)
63 A.2d 241 ALBERT CARIGNAN v. WINTHROP SPINNING COMPANY. No. 3788.Supreme Court of New Hampshire Hillsborough. Decided January 5, 1949. Where an employee suffered a ruptured hernia as the result of an injury which was compensable under the Workmen’s Compensation Act and upon resumption of his work suffered a second hernia during the course of […]
CHRISTIE v. COMPANY, 87 N.H. 236 (1935)
177 A. 300 CHARLES B. CHRISTIE v. NEW ENGLAND TELEPHONE TELEGRAPH COMPANY. EARLE MARTIN v. SAME. Supreme Court of New Hampshire Hillsborough. Decided February 5, 1935. In an action for negligence counsel will not be permitted in argument to draw an inference of the defendant’s consciousness of culpability from the fact that before demand was […]
HAAKENSEN v. COMPANY, 76 N.H. 443 (1912)
83 A. 804 HAAKENSEN v. BURGESS SULPHITE FIBRE Co. Supreme Court of New Hampshire Coos. Decided June 4, 1912. A master who undertakes to provide a completed staging for the use of his servants is bound to furnish a structure reasonably safe and suitable for the purpose intended, and cannot escape liability for the negligent […]
CASES v. RAILWAY, 68 N.H. 162 (1894)
44 A. 92 CASEY v. GRAND TRUNK RAILWAY Co. Supreme Court of New Hampshire Coos. Decided June, 1894. A servant assumes the risk of dangers incident to his employment of which he is informed, or which are apparent and obvious. CASE, for injuries received by the plaintiff while in the defendants’ employ. Jury disagreed. The […]
STATE v. CURRIER, 79 N.H. 171 (1919)
106 A. 491 STATE v. FRED A. CURRIER. Supreme Court of New Hampshire Merrimack. Decided March 4, 1919. The exclusion of collateral evidence of a general habit presents no question of law, when there is evidence to sustain the finding that such evidence would not aid the jury. The personal knowledge and belief of a […]
WIGGIN v. COLEBROOK, 57 N.H. 107 (1876)
WIGGIN v. COLEBROOK. Supreme Court of New Hampshire FROM COOS CIRCUIT COURT. Decided March 22, 1876. Invoice of taxable property — Deduction under the statute of 1868. A party who exhibits his invoice to the selectmen, showing no item for money at interest over and above what he is paying interest for, is not obliged […]
NASHUA TEACHERS UNION v. NASHUA SCHOOL DISTRICT, 142 N.H. 683 (1998)
707 A.2d 448 NASHUA TEACHERS UNION a. v. NASHUA SCHOOL DISTRICT a. No. 96-263Supreme Court of New Hampshire Hillsborough-Southern Judicial District Decided March 23, 1998 1. Labor — Labor Unions — Fees Negotiated, compulsory agency fees (assessments that non-union employees pay their collective bargaining representative to defray the costs associated with collective bargaining, contract administration, […]
VOEDISCH v. TOWN OF WOLFEBORO, 136 N.H. 91 (1992)
612 A.2d 902 GEORGE J. VOEDISCH a. v. TOWN OF WOLFEBORO a. No. 90-479Supreme Court of New Hampshire Carroll Decided August 14, 1992 1. Injunction — Standards for Granting — Discretion of Trial Court Whether an injunction is appropriate is within the sound discretion of the trial court. 2. Appeal and Error — Findings — […]
IN THE MATTER OF LOCKABY AND SMITH, 148 N.H. 462 (2002)
808 A.2d 832 IN THE MATTER OF DOROTHY C. LOCKABY AND WILLIAM E. SMITH No. 2001-418Supreme Court of New Hampshire Salem Family DivisionSubmitted July 19, 2002 Opinion Issued October 25, 2002 1. Parent and Child — Generally — Visitation Rights While parents do possess constitutional rights to custody and visitation with their children, the trial […]
UNITY v. PIKE, 68 N.H. 71 (1894)
44 A. 78 UNITY v. PIKE. Supreme Court of New Hampshire Sullivan. Decided June, 1894. A town which has paid the owner of sheep for the killing or maiming of them by dogs may recover of the owner of the dogs the actual damage caused thereby. In an action by a town against the owner […]
LEARY v. McSWINEY, 103 N.H. 85 (1960)
166 A.2d 118 CLARA C. LEARY a. v. FRANCIS B. McSWINEY, Adjutant General a. No. 4827.Supreme Court of New Hampshire Hillsborough.Argued November 1, 1960. Decided November 30, 1960. 1. The Militia act provision (RSA 110-A:77 I (supp)) that “any person injured in his person or property by the national guard shall have the right by […]
STATE v. INGALLS, 59 N.H. 88 (1879)
STATE v. INGALLS. Supreme Court of New Hampshire Merrimack. Decided June, 1879. A crime, not capital nor punishable by imprisonment for more than a year, may be charged in an information. In the absence of the attorney-general, the solicitor of the county may file an information. The averment of time in an information, as in […]
ROBBINS v. PERINI CORPORATION, 107 N.H. 290 (1966)
220 A.2d 737 LAWRENCE E. ROBBINS v. PERINI CORPORATION a. No. 5490.Supreme Court of New Hampshire Rockingham.Argued June 7, 1966. Decided June 30, 1966. 1. In a petition for workmen’s compensation the evidence warranted the finding that any diminution in earning capacity of the plaintiff workman resulting from certain disability in his feet did not […]
FURNALD v. BURBANK, 67 N.H. 595 (1892)
30 A. 409 FURNALD v. BURBANK. Supreme Court of New Hampshire Hillsborough. Decided June, 1892. MOTION, to set aside a verdict for unwarranted remarks of the plaintiff’s counsel in argument, to which the defendant seasonably objected. The remarks were retracted, and the jury were requested by counsel and instructed by the court not to consider […]
BELLOWS v. BELLOWS, 58 N.H. 60 (1876)
BELLOWS v. BELLOWS. Supreme Court of New Hampshire Coos. Decided December, 1876. There is no constitutional right of trial by jury in proceedings in equity. BILL IN EQUITY, referred by order of court. On the return of the report the plaintiff elected a trial by jury. The court ruled that the plaintiff was not entitled […]
ADAMS v. WOODLANDS OF NASHUA, 151 N.H. 640 (2005)
864 A.2d 322 MANSFIELD ADAMS, JR. v. WOODLANDS OF NASHUA. No. 2003-807.Supreme Court of New Hampshire Nashua District Court.Argued: November 9, 2004. Opinion Issued: January 7, 2005. 1. Landlord and Tenant — Use and Enjoyment of Premises — Particular Cases Insect infestation did not constitute a violation of the right to quiet enjoyment under the […]
HARRIMAN v. JONES, 58 N.H. 328 (1878)
HARRIMAN a., Ex’rs v. JONES. Supreme Court of New Hampshire Merrimack. Decided June, 1878. An attorney may be required to testify who his client was, in a certain suit; and letters written to the attorney are competent evidence against their author to show that he was the client for whom the attorney brought and conducted […]
APPEAL OF NEWCOMB, 141 N.H. 664 (1997)
690 A.2d 562 APPEAL OF JONATHAN NEWCOMB (New Hampshire Compensation Appeals Board) No. 95-608Supreme Court of New Hampshire Compensation Appeals Board Decided March 12, 1997 1. Workers’ Compensation — Injuries or Illnesses Compensable — Particular Injuries The compensation appeal board’s ruling that the claimant was not currently disabled due to a work-related injury, i.e., that […]
HUGHES v. N.H. DIV. OF AERONAUTICS, 152 N.H. 30 (2005)
871 A.2d 18 DONALD G. HUGHES a.v. NEW HAMPSHIRE DIVISION OF AERONAUTICS a. No. 2004-378.Supreme Court of New Hampshire Merrimack.Argued: December 9, 2004. Opinion Issued: March 22, 2005. 1. Constitutional Law — Standing — Generally The general rule in New Hampshire is that a party has standing to raise a constitutional issue only when the […]
DYER v. HARTSHORN, 73 N.H. 509 (1906)
63 A. 231 DYER v. HARTSHORN. Supreme Court of New Hampshire Hillsborough. Decided February 6, 1906. One who has neither title nor right to the possession of land or trees growing thereon cannot maintain trespass against the owner of the timber for cutting and removing it from the premises. TRESPASS, for breaking and entering the […]
COOK v. WICKSON TRUCKING CO., 135 N.H. 150 (1991)
600 A.2d 918 STEPHEN COOK v. WICKSON TRUCKING CO., INC. a. No. 90-405Supreme Court of New Hampshire Rockingham Decided December 11, 1991 1. Judgments — Summary Judgment — Grounds Summary judgment shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits filed, show that there is no […]
JOLICOEUR v. CONRAD, 106 N.H. 496 (1965)
213 A.2d 912 DONAT JOLICOEUR v. JOHN T. CONRAD, JR. No. 5395.Supreme Court of New Hampshire Hillsborough.Argued October 6, 1965. Decided October 29, 1965. 1. In the absence of evidence of probable future damages the issue was properly withdrawn from the jury and the jury was properly instructed to make no award therefor. 2. In […]
STATE v. AMATO, 115 N.H. 639 (1975)
348 A.2d 339 STATE OF NEW HAMPSHIRE v. JOHN A. AMATO STATE OF NEW HAMPSHIRE v. CHARLES H. WATKINS No. 7077 No. 7078Supreme Court of New Hampshire Merrimack District Court Decided November 28, 1975 1. The words in RSA 262-A:69-k (Supp. 1973) requiring the attendance in court of the person who took the sample for […]
MERCHANTS NAT. BANK OF MANCHESTER v. TOWN OF EXETER, 120 N.H. 157 (1980)
412 A.2d 1016 MERCHANTS NATIONAL BANK OF MANCHESTER a. v. TOWN OF EXETER CITY OF MANCHESTER No. 79-209Supreme Court of New Hampshire Hillsborough Decided March 5, 1980 1. Corporations — Articles and By-Laws The purpose of the statutory requirement of a charter designation of location is primarily for the benefit of the public; such as […]
GORMAN v. NAT’L GRANGE MUT. INS. CO., 144 N.H. 157 (1999)
738 A.2d 1276 SARAH JANE GORMAN v. NATIONAL GRANGE MUTUAL INSURANCE COMPANY No. 97-071Supreme Court of New Hampshire Hillsborough-Northern Judicial District Decided September 2, 1999 Rehearing Denied November 11, 1999 Insurance — Policies — Uninsured Motorists Injured worker was entitled to uninsured motorist benefits from her automobile liability carrier for workplace injury allegedly caused by […]
STATE v. LOCKE, 139 N.H. 741 (1995)
663 A.2d 602 THE STATE OF NEW HAMPSHIRE v. RAYMOND LOCKE No. 94-054Supreme Court of New Hampshire Strafford Decided July 14, 1995 1. Evidence — Hearsay Exceptions — Recorded Recollections Trial court did not err in admitting into evidence, pursuant to N.H. R. Ev. 803 (5), the sexual abuse victim’s pretrial videotaped statement where, upon […]
YOUNG v. MELANSON, 96 N.H. 136 (1950)
71 A.2d 415 ELWIN H. YOUNG v. JOSEPH I. MELANSON. No. 3892.Supreme Court of New Hampshire Carroll, Decided February 7, 1950. In municipal courts located in cities and towns having a population of fifteen hundred or more the judge’s finding of facts is final in civil causes in which damages are demanded (R. L., c. […]
KENISTON v. GORRELL, 74 N.H. 53 (1906)
65 A. 1101 KENISTON v. GORRELL, Guardian. Supreme Court of New Hampshire Merrimack. Decided November 7, 1906. Where a tenant for life and a remainderman have united in the compromise of a claim for damages to their realty and a sale of timber thereon, without agreement as to the disposition of the fund, it is […]
JEANNONT v. N.H. PERSONNEL COMM’N, 118 N.H. 597 (1978)
391 A.2d 1193 BRUCE K. JEANNONT v. NEW HAMPSHIRE PERSONNEL COMMISSION No. 7756Supreme Court of New Hampshire Personnel Commission Decided September 27, 1978 1. Public Employees — Compensation — Pay Scales The evaluation of the duties and responsibilities of positions in determining the labor grades to be assigned State employees is executive or administrative rather […]
LEMIRE v. HALEY, 92 N.H. 10 (1942)
23 A.2d 769 SADIE LEMIRE v. JOHN HALEY, Adm’r. No. 3300.Supreme Court of New Hampshire Strafford. Decided January 6, 1942. A declaration upon the common counts is sufficient if supplemented with specifications which will duly inform the defendant, in advance of trial, what is claimed. A declaration purporting to be upon a quantum meruit is […]
BOYCE v. JOHNSON, 72 N.H. 41 (1903)
54 A. 707 BOYCE, Adm’r, v. JOHNSON. Supreme Court of New Hampshire Grafton. Decided February 3, 1903. A person mentally deficient is bound to use in a position of danger such reason as he possesses, and cannot recover for an injury which would have been avoided by a due exercise of his limited faculties. A […]
STATE v. WINDERS, 127 N.H. 471 (1985)
503 A.2d 798 THE STATE OF NEW HAMPSHIRE v. JAMES WINDERS No. 84-560Supreme Court of New Hampshire Strafford Decided December 5, 1985 1. Trial — Severance — Discretion of Court The decision to join or to sever cases for trial is within the discretion of the trial court. 2. Trial — Severance — Appeal Trial […]
IN RE MORRISON ESTATE, 106 N.H. 388 (1965)
211 A.2d 904 IN RE GEORGE H. MORRISON ESTATE. No. 5341.Supreme Court of New Hampshire Coos Probate Court.Argued May 5, 1965. Decided July 21, 1965. 1. Donations, grants and gifts to charitable organizations and corporations will be sustained in spite of technical errors in description and corporate form. 2. Where the testator, Morrison, who operated […]
CROSBY v. WARDEN, N.H. STATE PRISON, 152 N.H. 44 (2005)
871 A.2d 84 CHRISTOPHER CROSBY v. WARDEN, NEW HAMPSHIRE STATE PRISON. Nos. 2004-062, 2004-206.Supreme Court of New Hampshire Merrimack.Argued: February 17, 2005. Opinion Issued: March 23, 2005. 1. Habeas Corpus — Availability — Generally Defendant’s failure to object to a sentence at the time of its imposition does not bar the later filing of an […]
GODDARD v. HAZELTON, 96 N.H. 231 (1950)
73 A.2d 123 BRUCE GODDARD, Adm’r v. MAUDE HAZELTON. No. 3907.Supreme Court of New Hampshire Grafton. Decided May 2, 1950. One to whom money is given by another for safe-keeping either to be returned or paid out on the latter’s instructions without compensation for his services is a gratuitous bailee. The duty of a gratuitous […]
APPEAL OF DUVERNAY, 160 N.H. 132 (2010)
APPEAL OF DAVID DUVERNAY a. (New Hampshire Department of Environmental Services). No. 2009-487.Supreme Court of New Hampshire. Department of Environmental Services.Submitted: February 18, 2010. Opinion Issued: April 9, 2010. 1. Taxation — Exemptions From Taxation —Particular Statutes The statute pertaining to water and air pollution control facilities provides that qualifying pollution control facilities shall receive […]