Category: New Hampshire Court Opinions

512 A.2d 1133 THE STATE OF NEW HAMPSHIRE v. RONALD J. DEFLORIO No. 85-165Supreme Court of New Hampshire Concord District Court Decided July 17, 1986 1. Criminal Law — Procedure — Challenge to Sentence Procedural anomaly of case was noted and future litigants were cautioned not to follow the same procedure, where it was not […]

539 A.2d 284 THE STATE OF NEW HAMPSHIRE v. RICHARD MANNA No. 87-081Supreme Court of New Hampshire Hillsborough Decided January 29, 1988 1. Criminal Law — Consolidation or Joinder of Charges — Generally Resolution of consolidation questions lies within the sound discretion of the trial court and, in the absence of a showing of an […]

418 A.2d 1269 MANCHESTER HOUSING AUTHORITY v. HAMILTON REALTY CORP. a. No. 79-321Supreme Court of New Hampshire Hillsborough Decided June 25, 1980 Eminent Domain — Rights and Duties of Tenant — Rental Payments In action in assumpsit brought by housing authority to recover rent allegedly owed to it by defendants who continued to occupy their […]

684 A.2d 1352 WILLIAM O’BRIEN v. HEIDI O’BRIEN No. 95-673Supreme Court of New Hampshire Strafford Decided November 18, 1996 1. Parent and Child — Generally — Visitation Rights Under RSA 458:17-d, I, standing to seek visitation is conferred upon grandparents, whether natural or adoptive, upon the occurrence of some “other cause of the absence of […]

800 A.2d 819 IN RE CRAIG T. AND MEGAN T. No. 2000-748Supreme Court of New Hampshire Belknap County Probate CourtArgued March 6, 2002 Opinion Issued May 24, 2002 1. Parent and Child — Termination of Parental Rights — Testsand Standards Regulation of the division for children, youth and families (DCYF) stating that it “has a […]

290 A.2d 631 HAIG GULEZIAN a. v. FORREST F. MANCHESTER, JR., a. No. 6149.Supreme Court of New Hampshire Belknap. Decided April 28, 1972. 1. Evidence in the record did not require trial court to accept plaintiffs’ claim of an implied promise that defendant owners would neither sell nor subdivide land shown on plan as “owners […]

630 A.2d 1173 THE STATE OF NEW HAMPSHIRE v. AL JAROMA No. 90-515Supreme Court of New Hampshire Merrimack Decided August 31, 1993 1. Search and Seizure — Generally — Investigative Stops Law enforcement officer is permitted to temporarily detain a suspect for investigatory purposes on grounds less than probable cause if the officer has a […]

242 A.2d 57 KERRY VICKERS (by his father next friend) v. DELIA VICKERS. No. 5710.Supreme Court of New Hampshire Strafford.Argued March 5, 1968. Decided May 29, 1968. 1. The holding in Briere v. Briere, 107 N.H. 432, that an action may be maintained on behalf of an unemancipated minor child for personal injuries inflicted by […]

254 A.2d 837 LUCILLE ROBINSON v. COLEBROOK GUARANTY SAVINGS BANK. No. 5846.Supreme Court of New Hampshire Coos.Argued November 7, 1968. Decided June 3, 1969. 1. While the scope of duty to use due care in rendering a service is ordinarily limited to those in privity of contract with each other, considerations of public policy have […]

426 A.2d 32 In re LOUIS DeLUCCA No. 80-274Supreme Court of New Hampshire Belknap County Probate Court Decided February 23, 1981 1. Guardian and Ward — Appointment of Guardian — Due Process Purpose of statute setting out required contents of petition for appointment of guardian for incapacitated person is to ensure that the acts, occurrences […]

33 A.2d 665 TRUSTEES OF THE PHILLIPS-EXETER ACADEMY v. EXETER. No. 3421.Supreme Court of New Hampshire Rockingham. Decided June 25, 1943. On a petition for abatement of taxes, the “Administration Building” of Phillips-Exeter Academy being used for work in the control and regulation of its properties, for their financial operation and for the accounting and […]

660 A.2d 1116 LARRY L. LEMAY v. GLORIA BURNETT No. 94-261Supreme Court of New Hampshire Strafford Decided June 14, 1995 Evidence — Expert Testimony — Particular Subjects for ExpertTestimony Although the average juror may have either used the diving board of a backyard pool or observed its use, the average juror could not determine whether […]

311 A.2d 303 STATE OF NEW HAMPSHIRE v. NORMAND PERREAULT No. 6629Supreme Court of New Hampshire Hillsborough Decided October 31, 1973 1. The statute of limitations requiring that misdemeanor prosecutions be brought within one year of the offense (RSA 603:1 (Supp. 1972)) does not apply to an habitual offender information, for proceedings under the habitual […]

104 A.2d 195 OPINION OF THE JUSTICES. No. 4319.Supreme Court of New Hampshire Decided March 31, 1954. The Governor and Council have no power to disapprove awards made by commissions in the layout of highways under the Highway Law of 1945 (R. L., c. 90, Pt. 4, as inserted by Laws 1945, c. 188). The […]

607 A.2d 619 THE STATE OF NEW HAMPSHIRE v. RAYMOND MORSE No. 91-144Supreme Court of New Hampshire Hillsborough Decided May 14, 1992 1. Constitutional Law — Right to Effective Counsel — Standard of Competence Standard for attorney performance under both State and Federal Constitutions is that of reasonably effective assistance. U.S. CONST. amends. VI, XIV; […]

451 A.2d 1305 THE STATE OF NEW HAMPSHIRE v. MICHAEL McNALLY No. 81-424Supreme Court of New Hampshire Rockingham Decided October 14, 1982 1. Constitutional Law — Double Jeopardy — Nature and Purpose The double jeopardy protection afforded by the Federal and State Constitutions prohibits a citizen from being convicted twice for the same offense. 2. […]

91 A.2d 464 FRANK CLAPP a. v. JAFFREY a. No. 4131.Supreme Court of New Hampshire Cheshire. Decided October 9, 1952. It is lawful for a town to rent town equipment to or perform services for private individuals under written contract provided such actions are subordinate and incidental to the requirements of the town and the […]

508 A.2d 1043 JOSEPH DONOVAN v. CANOBIE LAKE PARK CORPORATION No. 84-505Supreme Court of New Hampshire Rockingham Decided April 9, 1986 1. Res Judicata — Actions Barred — Default Judgment A default judgment entered for failure of a party to comply with court discovery rules constitutes a judgment on the merits. 2. Res Judicata — […]

435 A.2d 536 WILLIAM H. MEREDITH a. v. ROBERT H. FISHER a. No. 81-053Supreme Court of New Hampshire Merrimack Decided October 1, 1981 1. Appeal and Error — Findings — Evidence The standard of review in an appeal from a master’s recommendation is that the findings and rulings will be upheld unless they are unsupported […]

392 A.2d 139 ARMAND A. ARCHAMBAULT v. BENJAMIN C. ADAMS, COMMISSIONER, a. No. 78-054Supreme Court of New Hampshire Hillsborough Decided September 27, 1978 1. Unemployment Compensation — Evidence — Insufficient To Support Claimant’s Contention Record in unemployment compensation appeal did not support claimant’s contention that all parties to the appeal had agreed that claimant’s retirement […]

451 A.2d 358 AMERICAN HOME ASSURANCE COMPANY v. DOUGLAS K. FISH a. No. 81-280 No. 81-290Supreme Court of New Hampshire Cheshire Decided August 6, 1982 1. Insurance — Liability for Damage or Injury — Wording of Policy Where two insurance policies applied to the same situation and one insurer claimed an exemption under a “no […]

880 A.2d 397 PETITION OF THE STATE OF NEW HAMPSHIRE (State v. Campbell). No. 2004-898.Supreme Court of New Hampshire Original.Argued: July 13, 2005. Opinion Issued: August 12, 2005. 1. Remedies — Extraordinary Writs — Certiorari Review on certiorari is an extraordinary remedy, usually available only in the absence of a right to appeal, and only […]

72 A.2d 778 STATE v. ROY B. COOK. No. 3906.Supreme Court of New Hampshire Cheshire. Decided April 4, 1950. Where the respondent was found guilty in the Municipal Court upon a complaint for operating a motor vehicle while under the influence of intoxicating liquor and after his appeal to the Superior Court was perfected a […]

228 A.2d 165 OPINION OF THE JUSTICES. No. 5605.Supreme Court of New Hampshire Request of Governor and Council.Submitted March 6, 1967. Decided March 24, 1967. 1. The provisions of the subversive activities statute (RSA ch. 588) containing definitions of “subversive organization,” “foreign subversive organization,” and “subversive person” (Ib., s. 1) and requiring the signing of […]

876 A.2d 167 ROBERT MATTE a.v. SHIPPEE AUTO, INC. No. 2004-189.Supreme Court of New Hampshire Keene District Court.Argued: November 30, 2004. Opinion Issued: May 20, 2005. 1. Landlord and Tenant — Evictions and Forcible Entry and Detainer Actions — Particular Cases Where the landlord did not make a claim for unpaid rent, but rather sought […]

349 A.2d 588 RAYMOND REMILLARD v. NEW ENGLAND TELEPHONE COMPANY PAULINE H. REMILLARD v. NEW ENGLAND TELEPHONE COMPANY No. 7072Supreme Court of New Hampshire Rockingham Decided December 31, 1975 1. Instruction on emergency action doctrine, which had overtones of instinctive action doctrine, may have conveyed to jurors erroneous conception that plaintiff was not under a […]

497 A.2d 1239 SUSAN A. CORLISS v. MARY HITCHCOCK MEMORIAL HOSPITAL No. 84-392Supreme Court of New Hampshire Grafton Decided August 16, 1985 1. Judgments — Judgment Notwithstanding the Verdict — Tests A party is entitled to judgment n.o.v. only when his case is established by the sole reasonable inference from undisputed facts. 2. Judgments — […]

267 A.2d 573 JEANNETTE S. CHAKALOS, Adm’x v. THE PHOENIX INSURANCE CO. No. 5960.Supreme Court of New Hampshire Cheshire. Decided June 30, 1970. 1. RSA 268:15-a (supp.) requires an insurer issuing a motor vehicle liability insurance policy under RSA 268:15 to provide to a person insured under such a liability policy coverage against damages because […]

218 A.2d 53 IN RE JACOB SEGAL ESTATE. No. 5420.Supreme Court of New Hampshire Rockingham.Argued January 4, 1966. Decided March 30, 1966. 1. In a petition for construction of a will which devised all of the testator’s estate to the wife’s use forever but with further disposition as to certain real property upon death of […]

880 A.2d 428 JOHN SCHIAVI a. v. CITY OF ROCHESTER a. No. 2004-805.Supreme Court of New Hampshire Strafford.Argued: June 22, 2005. Opinion Issued: July 29, 2005. 1. Property — Manufactured Housing — Regulation of Parks Pursuant to the statute giving a manufactured housing park owner the ability and the right to shift responsibility for the […]

141 A.2d 885 WORCESTER NORTH SAVINGS INSTITUTION v. SOMERVILLE MILLING COMPANY a. No. 4651.Supreme Court of New Hampshire Hillsborough.Argued May 6, 1958. Decided May 29, 1958. 1. In a petition to quiet title to real estate situated in this state, the validity of foreclosure proceedings under a power of sale mortgage are governed by the […]

422 A.2d 1319 THE STATE OF NEW HAMPSHIRE v. EDWARD PUGLIESE No. 79-383Supreme Court of New Hampshire Rockingham Decided November 13, 1980 1. Trial — Mistrial — Double Jeopardy To preserve fundamental constitutional rights under double jeopardy clause for a defendant to have trial completed by a particular tribunal, judge may declare mistrial without defendant’s […]

485 A.2d 1038 APPEAL OF BERLIN EDUCATION ASSOCIATION, NHEA/NEA (New Hampshire Public Employee Labor Relations Board) No. 82-348Supreme Court of New Hampshire Public Employee Labor Relations Board Decided December 31, 1984 1. Words and Phrases — Extracurricular Activities Extracurricular activities are activities generally outside of regular hours of pupil attendance at which a teacher’s attendance […]

679 A.2d 603 PETITION OF BRUCE HERRON (New Hampshire Retirement System) No. 95-169Supreme Court of New Hampshire Original Decided July 29, 1996 Public Employees — Retirement System — Generally Under RSA 100-A:4-6, which governs credit for out-of-state service, the eighteen-month bridging period allowed between the end of membership in an out-of-state retirement system and the […]

871 A.2d 58 WOODVIEW DEVELOPMENT CORPORATION v. TOWN OF PELHAM. No. 2004-607.Supreme Court of New Hampshire Hillsborough-southern judicial district.Argued: February 9, 2005. Opinion Issued: April 11, 2005. 1. Taxation — Assessment of Real Property Taxes — Land Use The purpose of the current use statute is to “encourage the preservation of open space,” by reducing […]

226 A.2d 770 CARL N. RAUTENBERG a. v. ALBERT MUNNIS a. No. 5524.Supreme Court of New Hampshire Belknap.Argued January 4, 1967. Decided February 24, 1967. 1. Where property boundaries are in dispute it is for the Trial Court to determine as questions of fact the location on the ground of boundaries described in the deeds. […]

499 A.2d 999 COLLECTRAMATIC, INC. v. KENTUCKY FRIED CHICKEN CORP. No. 84-288Supreme Court of New Hampshire Rockingham Decided October 24, 1985 1. Pleading — Motion To Dismiss — Inferences On an appeal from an order granting a motion to dismiss, the only issue raised is whether the plaintiff’s allegations are reasonably susceptible of a construction […]

713 A.2d 988 APPEAL OF THE TIMBERLANE REGIONAL SCHOOL BOARD (New Hampshire Public Employee Labor Relations Board) No. 95-821Supreme Court of New Hampshire Public Employee Labor Relations Board Decided May 29, 1998 1. Public Employees — Practice and Procedure — Scope of Review The factual findings of the public employee labor relations board are deferred […]

465 A.2d 898 THE STATE OF NEW HAMPSHIRE v. DAVID P. FOURNIER No. 82-471Supreme Court of New Hampshire Strafford Decided August 31, 1983 1. Trial — Instructions — Review In examining the propriety of the trial court’s instruction, the supreme court must view the disputed statement within the context of the overall charge. 2. Criminal […]

34 A.2d 663 ETTA M. MILLER a. v. GEORGE E. PENDER a. No. 3428.Supreme Court of New Hampshire Rockingham. Decided October 5, 1943. Where a trust instrument authorizes the trustee “to invest in such securities as said trustee shall deem proper,” the correct standard to follow in making investments under such instrument is the care […]

826 A.2d 546 THE STATE OF NEW HAMPSHIRE v. GERALDINE SPENCER No. 2002-288Supreme Court of New Hampshire BelknapArgued April 10, 2003 Opinion Issued June 30, 2003 1. Criminal Law — Miranda Warning — Custodial Interrogation Before the defendant’s responses made during a custodial interrogation may be used as evidence against her, the State must prove, […]

269 A.2d 30 JOHN A. McMICHAELS v. PARKER L. HANCOCK, WARDEN OF THE STATE PRISON. No. 6024Supreme Court of New Hampshire Original Decided February 27, 1970 1. Plaintiff’s claim was concluded adversely to him by the case of State v. Banks, 108 N.H. 350, when he alleged in his petition for a writ of habeas […]

428 A.2d 897 THE TOWN OF BEDFORD v. ROBERT H. BROOKS a. No. 80-266Supreme Court of New Hampshire Hillsborough Decided April 3, 1981 1. Trial — Motions Generally — Support for The practice among attorneys of submitting motions on statements of counsel, though well established, is not a sufficient compliance with rule providing that a […]

55 A.2d 476 MABEL M. NEWELL, Adm’x v. ARTHUR E. MOREAU. No. 3667.Supreme Court of New Hampshire Hillsborough.November 4, 1947. Decided July 2, 1947. Where an employee fell to the floor as the result of a blow received from a fellow employee with whom he was engaged in a fight and suffered a fractured skull […]

648 A.2d 205 JAMES I. AND MARY C.D. CARNIE v. TOWN OF RICHMOND a. No. 92-568Supreme Court of New Hampshire Cheshire Decided September 21, 1994 1. Zoning and Planning — Generally — Residential Zoning Fact that 90 to 100 foot high tower to support antennas may not be a fire hazard does not exempt tower […]

816 A.2d 993 ROBERT McINTIRE v. SUSAN H. LEE a. No. 2001-115Supreme Court of New Hampshire CarrollArgued November 13, 2002 Opinion Issued February 19, 2003 1. Attorneys — Malpractice — Burden of Proof In a legal malpractice case, a plaintiff must prove: (1) that an attorney-client relationship existed, which place a duty upon the attorney […]

557 A.2d 995 THE STATE OF NEW HAMPSHIRE v. ROBERT M. HOOD No. 87-509Supreme Court of New Hampshire Strafford Decided May 3, 1989 Evidence — Photographs — Admissibility At trial for felonious sexual assault of a child under the age of thirteen, trial court properly admitted into evidence four photographs separately showing defendant and his […]

744 A.2d 630 GARY E. and KAREN C. PHETTEPLACE v. TOWN OF LYME No. 97-845Supreme Court of New Hampshire Grafton Decided January 31, 2000 1. Estoppel — Equitable Estoppel — Generally Plaintiffs, as party asserting estoppel, bore burden of proving that: (1) a representation or concealment of material facts was made by defendant with knowledge […]

133 A.2d 792 OPINION OF THE JUSTICES. No. 4596.Supreme Court of New Hampshire Request of House of Representatives.Submitted June 7, 1957. Decided June 28, 1957. 1. Proposed legislation vesting discretionary powers in trustees of trust funds of municipalities to use accumulated income of particular burial lot trust funds for the general care of the cemeteries […]

367 A.2d 1044 JOSEPH MOORE v. DOVER VETERINARY HOSPITAL, INC. No. 7368Supreme Court of New Hampshire Strafford Decided November 30, 1976 1. Acquiescence by plaintiff seeking relief from restrictive covenant in defendant’s dismissal of other employees and his continued performance of his duties rendered unavailing his contention that defendant’s failure to maintain a three-man veterinary […]

148 A.2d 664 LINWOOD W. SNOW a. v. SANBORNTON. ALBERT I. POMERLEAU a. v. SAME. No. 4698.Supreme Court of New Hampshire Belknap.Argued January 6, 1959. Decided February 27, 1959. 1. The valuation placed upon real estate by the assessors, in their official capacity, for property tax purposes is competent evidence to consider in tax abatement […]

786 A.2d 834 CHARLES DEAN a. v. JOHN MACDONALD d/b/a LEE USA SPEEDWAY a. No. 2000-121Supreme Court of New Hampshire Rockingham Decided December 10, 2001 1. Contracts — Legality — Exculpatory Provision Exculpatory contracts will be enforced if: (1) they do not violate public policy; (2) plaintiff understood the import of the agreement or a […]

740 A.2d 1064 DOVER MILLS PARTNERSHIP v. COMMERCIAL UNION INSURANCE COMPANIES d/b/a AMERICAN EMPLOYERS INSURANCE COMPANY No. 97-508Supreme Court of New Hampshire Strafford Decided November 30, 1999 1. Insurance — Parties; Rights and Duties — Notice and Proof of Loss Determination of whether there has been a breach of insurance policy provisions requiring notice of […]

152 A.2d 876 OPINION OF THE JUSTICES. No. 4768.Supreme Court of New Hampshire Request of House of Representatives.Submitted June 30, 1959. Answer returned July 9, 1959. 1. National banks doing business in this state are instrumentalities of the federal government and are subject to the paramount authority of the United States. 2. Congress by virtue […]

49 A.2d 164 NAPOLEON DENNIS, Adm’r of the estate of NAPOLEON DENNIS, JR. v. BOSTON MAINE RAILROAD. ELMER ELLSWORTH v. SAME. No. 3591.Supreme Court of New Hampshire Merrimack. Decided October 1, 1946. In the absence of evidence of the actual conduct of a decedent at the time of the accident, a nonsuit is improperly ordered […]