Category: New Hampshire Court Opinions

484 A.2d 1116 JOSEPH L. HAMILTON v. VOLKSWAGEN OF AMERICA, INC. a. No. 83-320Supreme Court of New Hampshire Rockingham Decided October 5, 1984 1. Pleading — Motion to Dismiss — Tests and Standards On an appeal from an order granting a motion to dismiss, the supreme court will assume the truth of the facts pleaded […]

481 A.2d 524 ROBERT A. BONSER v. JOHN COURTNEY, SUPERINTENDENT, ROCKINGHAM COUNTY JAIL No. 83-308Supreme Court of New Hampshire Rockingham Decided April 16, 1984 1. Habeas Corpus — Jurisdiction — Generally The standard of review in habeas corpus proceedings is whether the court pronouncing sentence acted beyond the scope of its jurisdiction. Page 797 2. […]

379 A.2d 825 R. PETER DECATO’S CASE No. 7705Supreme Court of New Hampshire Professional Conduct Committee Decided October 31, 1977 1. Attorney and Client — Disciplinary Proceedings — Evidence Standard of proof in bar disciplinary proceedings is by clear and convincing evidence. 2. Attorney and Client — Disciplinary Proceedings — Evidence Where none of evidence […]

96 A.2d 568 STATE v. 483 CASES OF CIGARETTES. No. 4193.Supreme Court of New Hampshire Coos. Decided May 5, 1953. In the statutory provision (R. L., c. 79, s. 15) for forfeiture of “any tobacco products found at any place in this state without stamps affixed thereto as required herein” the words “stamps affixed . […]

29 A.2d 134 PHENIX MUTUAL FIRE INSURANCE CO. v. ARTHUR J. ROUILLARD, Insurance Commissioner. No. 3333.Supreme Court of New Hampshire Merrimack. Decided November 4, 1942. A mutual fire insurance company, organized under general law, was authorized by special acts of the legislature to issue “guaranty capital” within certain limits and by its vote authorizing the […]

260 A.2d 118 ISAAC KENTON BLANCHARD a. v. WALTER A. CALDERWOOD, Adm’r, d.b.n. No. 5675.Supreme Court of New Hampshire Hillsborough. Decided December 30, 1969. 1. An oral promise that the entire estate of the decedent at his death, consisting of real and personal property, would be left to the plaintiff if the plaintiff would take […]

364 A.2d 1254 STATE OF NEW HAMPSHIRE v. WALTER J. HARLAN, JR., a. No. 7471Supreme Court of New Hampshire Hillsborough Decided September 30, 1976 1. Language of indictments alleging theft by deception, which followed language of statute and made clear reference to the statute, section, and subsection forming the basis for indictments, was not bad […]

480 A.2d 37 PERLEY DAN RAWSON v. JAMES NORMAN BRADSHAW No. 83-086Supreme Court of New Hampshire Rockingham Decided June 22, 1984 1. Evidence — Intoxication — Particular Cases In an action for personal injuries which allegedly resulted from a two-car, no-contact automobile accident, where summary judgment on the issue of liability had been granted in […]

484 A.2d 1127 KAREN VACHON, PMA PRISCILLA LEMIRE v. DOUGLAS HALFORD SUSAN SMITH, PMA JACKIE WIEGAND v. ROSALIE J. JORDAN No. 83-398Supreme Court of New Hampshire Hillsborough Decided October 5, 1984 1. Negligence — Children — Generally When a minor child is injured by the negligent act of a third party two causes of action […]

56 A.2d 923 LILLIAN OBER (individually and as executrix under the will of Richard J. Powers) v. DANIEL B. CURNANE a. No. 3685.Supreme Court of New Hampshire Rockingham. Decided February 3, 1948. Certain evidence was sufficient to warrant the Trial Court’s finding that the defendant was guilty of fraud in obtaining the grantor’s signature to […]

77 A.2d 26 IN RE ELMAN B. MOULTON. No. 3972.Supreme Court of New Hampshire Grafton. Decided December 5, 1950. The use of information given to medical experts by the defendant during an examination voluntarily and without threat or compulsion concerning himself and his activities, in a hearing before the Trial Court to determine whether the […]

426 A.2d 34 SANT BANI ASHRAM, INC. v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. THE ROMAN CATHOLIC BISHOP OF MANCHESTER v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. DUBLIN CHRISTIAN ACADEMY v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. NEW CHRISTIAN FELLOWSHIP, INC. a. v. NEW HAMPSHIRE DEPARTMENT OF EMPLOYMENT SECURITY a. Nos. 80-278 […]

444 A.2d 556 HAROLD A. MASTIN, JR. a. v. WALTER R. PRESCOTT a. No. 81-194Supreme Court of New Hampshire Rockingham Decided April 7, 1982 1. Boundaries — Evidence Ascertainment and Establishment — Role of Trier The location of a boundary is a question of fact for the trier of fact to decide. 2. Boundaries — […]

315 A.2d 185 GEORGE W. SALZER v. VICTOR LYNN CORPORATION a. No. 6549Supreme Court of New Hampshire Rockingham Decided January 31, 1974 1. Basic policy of article 9 of the Uniform Commercial Code is to eliminate technical distinctions between forms of security devices and to substitute one uniform set of rules for all security transactions. […]

392 A.2d 1203 MALCOLM TINK TAYLOR v. BALLOT LAW COMMISSION No. 78-241Supreme Court of New Hampshire Original Decided October 12, 1978 1. Certiorari — Function of Writ Even assuming the absence of a statutory right of appeal, the supreme court cannot be divested of its power to correct errors of law and other abuses by […]

152 A.2d 602 CHARLES A. PIKE v. JUSTIN D. HARTFORD a. No. 4720.Supreme Court of New Hampshire Rockingham.Submitted April 8, 1959. Decided June 30, 1959. 1. The Trial Court’s determination of the location on the ground of the boundary line between the plaintiff’s and defendants’ premises was warranted by the evidence. MOTION by plaintiff for […]

385 A.2d 115 THE STATE OF NEW HAMPSHIRE v. RALPH R. SPADE No. 7892Supreme Court of New Hampshire Hillsborough Decided March 31, 1978 1. Indictment and Information — Specificity — Dates State is not necessarily bound by a date specified in an indictment when time is not an element of the crime charged and proof […]

534 A.2d 396 THE STATE OF NEW HAMPSHIRE v. DAVID DELLNER No. 86-483Supreme Court of New Hampshire Strafford Decided November 9, 1987 1. Trial — Severance — Discretion of Court Questions concerning joinder and severance rest within the sound discretion of the trial court, and its determinations will not be set aside absent an abuse […]

595 A.2d 504 FREDERICK W. GOODWIN a. v. DAVID JAMES a. No. 90-177Supreme Court of New Hampshire Strafford Decided August 2, 1991 1. Trial — Direction of Verdict — Tests and Standards A motion for a directed verdict may be granted only if the trial court determines, after considering the evidence and construing all inferences […]

362 A.2d 191 ELIOT A. CARTER a. v. CITY OF NASHUA a. No. 7400Supreme Court of New Hampshire Hillsborough Decided July 30, 1976 1. Since there is no provision for a public hearing under RSA 36:23 and only abutters and applicants need be notified of a hearing, it is clear that the legislature did not […]

567 A.2d 540 THE STATE OF NEW HAMPSHIRE v. LAWRENCE R. HOMO No. 88-309Supreme Court of New Hampshire Auburn District Court Decided December 28, 1989 1. Appeal and Error — Filing Appeal — Statute Governing Defendant’s right to appellate review is governed by the statute in effect when the appeal was filed. 2. Motor Vehicles […]

213 A.2d 905 FRANK R. VARNEY v. MELMON FLETCHER a. No. 5330.Supreme Court of New Hampshire Belknap.Argued June 1, 1965. Decided October 29, 1965. 1. Where it could be found on the evidence that the plaintiff owner of land adopted a general scheme for the development of the tract into lots with the intent that […]

773 A.2d 633 WOLFEBORO NECK PROPERTY OWNERS ASSOCIATION a. v. TOWN OF WOLFEBORO No. 98-624Supreme Court of New Hampshire Carroll Decided June 1, 2001 1. Highways — Generally — Laying Out, Altering,Reclassifying or Discontinuing “Occasion” for the lay out of public roads exists if the public interest requires the town’s acceptance of the roads; this […]

402 A.2d 644 LEGISLATIVE UTILITY CONSUMERS’ COUNCIL v. GRANITE STATE ELECTRIC COMPANY a. No. 78-174Supreme Court of New Hampshire Public Utilities Commission Decided May 17, 1979 1. Public Utilities — Regulatory Agencies — Appeals From Because public utility ratemaking cannot be reduced to an exact science by which a mathematically precise rate of return can […]

149 A.2d 860 LEONITA PARTIN v. THE GREAT ATLANTIC PACIFIC TEA COMPANY. No. 4718.Supreme Court of New Hampshire Rockingham.Argued March 4, 1959. Decided April 7, 1959. 1. A possessor of real estate is subjected to liability for harm caused to business invitees upon the premises, if the harm results either from the possessor’s failure to […]

75 A.2d 926 WESLEY POWELL v. ENOCH D. FULLER, Secretary of State a. No. 3988.Supreme Court of New Hampshire Original. Decided October 11, 1950. In the absence of fraud, lack of jurisdiction or such arbitrary and capricious action as to constitute denial of due process of law the legislative provision (R. L., c. 34-A, s. […]

95 A.2d 126 STATE v. FORD VICTORIA AUTOMOBILE. No. 4196.Supreme Court of New Hampshire Carroll. Decided March 3, 1953. The provisions of R. L., c. 242, s. 6, that any person convicted of illegal night hunting shall forfeit equipment used in such hunting including any vehicle in which the same is being transported do not […]

27 A.3d 829 NEW HAMPSHIRE RESIDENT LIMITED PARTNERS OF THE LYME TIMBER COMPANY v. NEW HAMPSHIRE DEPARTMENT OF REVENUE ADMINISTRATION. No. 2010-399.Supreme Court of New Hampshire. Grafton.Argued: March 17, 2011. Opinion Issued: May 26, 2011. 1. Administrative Law — Orders and Regulations — Construction An administrative regulation adopted by an agency pursuant to a statute […]

702 A.2d 813 SCOTT CHANDLER v. MELODY MCGALL BISHOP No. 95-404Supreme Court of New Hampshire Rockingham Decided November 14, 1997 1. Constitutional Law — New Hampshire Constitution — Due Process Because the due process protections under the State Constitution are at least as protective as their federal counterpart, a separate federal judicial analysis will not […]

416 A.2d 1379 EMILEEN ROBILLARD v. TOWN OF HUDSON ZONING BOARD OF ADJUSTMENT No. 79-277Supreme Court of New Hampshire Hillsborough Decided June 25, 1980 1. Zoning — Variances — Denial Where lot was not isolated in 1967 when town amended its zoning regulations to increase the frontage and area requirements for duplexes and single-family dwellings […]

512 A.2d 429 THE STATE OF NEW HAMPSHIRE v. HELEN GREENE No. 85-202Supreme Court of New Hampshire Strafford Decided July 17, 1986 1. Criminal Law — Presence of Counsel — Generally Statutory right to consult with counsel was not violated by the denial of an opportunity for defendant, arrested for driving while intoxicated, to contact […]

27 A.3d 653 IN RE GUARDIANSHIP OF NICHOLAS P. No. 2010-609.Supreme Court of New Hampshire. Rochester Family Division.Argued: May 5, 2011. Opinion Issued: June 28, 2011. 1. Appeal and Error — Record or Transcript — Adequacy It is the burden of the appealing party to provide the appellate court with a record sufficient to decide […]

37 A.2d 15 STATE v. WILLIAMS S. MOORE. No. 3471.Supreme Court of New Hampshire Grafton. Decided April 4, 1944. A complaint is defective which charges a defendant with a violation of a highway regulation as to stop signs posted under a statute which was later amended where the violation occurred subsequent to such amendment. A […]

426 A.2d 451 ANNE HEATH BELLACOME v. FREDERICK BAILEY No. 80-038Supreme Court of New Hampshire Rockingham Decided January 28, 1981 1. Trial — Instructions — Standard of Conduct The purpose of reading a statute in a charge is to provide the jury with a standard of conduct, and conduct which violates a safety regulation gives […]

736 A.2d 1242 APPEAL OF STATE OF NEW HAMPSHIRE (New Hampshire Department of Safety) No. 98-161Supreme Court of New Hampshire Department of Safety Decided July 26, 1999 1. Administrative Law — Judicial Review — Statutory Provisions State’s appeal from dismissal of petition for driver’s license suspension was properly brought under RSA chapter 541, where legislature […]

26 A.2d 842 CHESTER M. ABBOTT, Adm’r of HOWARD O. GRANT v. ROBERT W. HAYES, a. No. 3324.Supreme Court of New Hampshire Carroll. May 5, 1942. Upon a defendant’s motion for specifications of the negligence claimed, the plaintiff, after making specific allegations, concluded: “and such other act or acts of negligence on his part as […]

304 A.2d 88 ROBERT A. ST. PIERRE’S CASE No. 6613Supreme Court of New Hampshire Original Decided April 30, 1973 1. An attorney’s addiction to medication prescribed by his doctor is a factor to be considered in assessing the extent of, but not in precluding the need for, disciplinary action to be imposed upon him following […]

680 A.2d 612 THE STATE OF NEW HAMPSHIRE v. BRUCE SEARLES No. 94-745Supreme Court of New Hampshire Strafford Decided July 24, 1996 1. Evidence — Expert Testimony — Generally The determination of the admissibility of expert testimony rests within the sound discretion of the trial court and may be reversed only if the appealing party […]

539 A.2d 275 APPEAL OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (New Hampshire Public Utilities Commission) No. 87-008Supreme Court of New Hampshire Public Utilities Commission Decided January 29, 1988 1. Public Utilities — Regulatory Agencies — Sources of Authority Authority of the public utilities commission is that which is expressly granted or fairly implied by […]

178 A.2d 291 FRANKLIN C. BARRETT v. BOSTON MAINE RAILROAD. No. 4987.Supreme Court of New Hampshire Cheshire.Argued December 5, 1961. Decided March 6, 1962. 1. The right of a postal transportation clerk to recover for injuries sustained as the result of the defendant railroad’s negligence while aboard a postal transportation car of the defendant is […]

653 A.2d 549 THE STATE OF NEW HAMPSHIRE v. CARL LAURIE No. 93-459Supreme Court of New Hampshire Merrimack Decided January 20, 1995 1. Criminal Law — Prosecutorial Conduct — Disclosure of Favorable Evidence Brady v. Maryland required disclosure of evidence favorable to the accused only if it was material to guilt or to punishment; favorable […]

61 A.2d 710 STATE v. DONAT F. COTE a. No. 3797.Supreme Court of New Hampshire Hillsborough. Decided October 5, 1948. The fact that a bill in equity is pending in which the plaintiff seeks an accounting and a decree of restitution of all sums paid under contracts alleged to be invalid, in excess of the […]

366 A.2d 494 STATE EMPLOYEES ASSOCIATION OF NEW HAMPSHIRE, INC. v. NEW HAMPSHIRE PUBLIC EMPLOYEE LABOR RELATIONS BOARD No. 7540Supreme Court of New Hampshire New Hampshire Public Employee Labor Relations Board Decided November 9, 1976 1. The public employee labor relations board’s reliance on certain statutory provisions as warranting denial of plaintiff’s petition for recognition […]

525 A.2d 714 DEBORAH A. CUNNINGHAM, ADM’X OF THE ESTATE OF KENNETH YOUNG v. CITY OF MANCHESTER FIRE DEPARTMENT No. 85-489Supreme Court of New Hampshire Hillsborough Decided April 3, 1987 1. Workers’ Compensation — Burden of Proof — Generally The plaintiff in a workers’ compensation suit must prove legal and medical causation of injuries. 2. […]

20 A.3d 242 THE STATE OF NEW HAMPSHIRE v. JEROME THOMPSON. No. 2009-345.Supreme Court of New Hampshire. Merrimack.Argued: June 17, 2010. Opinion Issued: February 25, 2011. 1. Criminal Law — Right to Effective Counsel — Direct Appeal Direct review of ineffective assistance claims may be permitted in certain, limited circumstances where all of the facts […]

585 A.2d 312 WOODSTOCK SOAPSTONE CO., INC. v. BUKK G. CARLETON No. 89-107Supreme Court of New Hampshire Grafton Decided January 28, 1991 1. Contracts — Construction — Ambiguity The language of a contract is ambiguous if the parties reasonably disagree as to the meaning of that language; in resolving the ambiguity, the court must examine […]

266 A.2d 836 SONYA PAJU, a minor, by her mother and next friend, IRENE PAJU v. MYRA HEIKKALA RICKER. SONJA PAJU, a minor, by her mother and next friend, IRENE PAJU v. VILHO A. PAJU, JR. IRENE PAJU v. MYRA HEIKKALA RICKER. IRENE PAJU v. VILHO A. PAJU, JR. No. 5913.Supreme Court of New Hampshire […]

51 A.2d 39 PETITION OF MARY C. DONDERO. No. 3649.Supreme Court of New Hampshire Ballot Law Commission. Decided January 25, 1947. Where no appeal from an administrative agency is specifically authorized, the uniform appeal statute (R. L., c. 414) cannot be invoked to create a right to appeal therefrom. Certiorari is a proper remedy to […]

661 A.2d 772 GUY S. SIMPKINS v. ROBERT M. SNOW, JR. a. No. 94-044Supreme Court of New Hampshire Carroll Decided July 14, 1995 1. Evidence — Hearsay — Particular Cases Trial court correctly concluded that statements were hearsay where witness testified as to what declarant said was the content of defendant’s alleged defamatory statements. N.H. […]

44 A.2d 817 ATHENA FASEKIS v. J. J. NEWBURY COMPANY. No. 3552.Supreme Court of New Hampshire Hillsborough. Decided December 4, 1945. In an action at law for injuries sustained in the course of employment, the only right an employee has to claim immunity from the defense of assumption of risk is derived from the Employers’ […]

286 A.2d 612 DANIEL DUVAL a. v. CITY OF MANCHESTER. No. 6285.Supreme Court of New Hampshire Hillsborough. Decided December 7, 1971. 1. Taxes are abated upon proof that a taxpayer has paid more than his proportionate share of taxes. 2. A taxpayer may establish such proof by evidence of the proportionality factor and fair market […]

765 A.2d 684 PAMELA COTTER v. WAYNE A. WRIGHT No. 98-355Supreme Court of New Hampshire Plymouth Family Division Decided December 27, 2000 1. Courts — Court Rules and Procedure — Power To RegulateProcedure Authority to make rules regarding court procedure and administration lies with the supreme court, and the superior court may not unilaterally amend […]