judicially created exception (New Hampshire) · Go Syfert
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judicially created exception in New Hampshire

17 New Hampshire opinions name it 1 courts 1965–2020 0 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Merrill v. City of Manchestergreen
nh · 1974 · cited in 5 New Hampshire opinions naming this issue, 1979–2008
2 sentences

2008Because we could find “no supportable rationale upon which this judicially created exception to the ordinary rules of liability c[ould] be predicated,” we held that it was “just and reasonable that a change be made from our previous holdings as to municipal immunity.” Id. at 729 (emphasis added).

1999In Merrill v. City of Manchester, 114 N.H. 722, 728-29 , 332 A.2d 378, 382-83 (1974), we held that municipal immunity, a judicially created doctrine that had become outdated and outmoded, should be sharply limited.

45
Dean v. Smithgreen
nh · 1965 · cited in 2 New Hampshire opinions naming this issue, 1973–1974
2 sentences

1974When dealing with a similar rule preventing an unemancipated child from suing his parents for their torts, this court held that: “[F]inding no supportable rationale upon which this judicially created exception to the ordinary rules of liability can be predicated, justice demands and reason dictates that a change be made from the previous holding in such a situation.” Dean v. Smith, 106 N.H. 314, 318 , 211 A.2d 410, 413 (1965); Hurley v. Hudson, 112 N.H. 365, 367-68 , 296 A.2d 905, 906 (1972); see Lombardo v. D.F.

1974When dealing with a similar rule preventing an unemancipated child from suing his parents for their torts, this court held that: “[F]inding no supportable rationale upon which this judicially created exception to the ordinary rules of liability can be predicated, justice demands and reason dictates that a change be made from the previous holding in such a situation.” Dean v. Smith, 106 N.H. 314, 318 , 211 A.2d 410, 413 (1965); Hurley v. Hudson, 112 N.H. 365, 367-68 , 296 A.2d 905, 906 (1972); see Lombardo v. D.F.

22
Harkeem v. Adamsgreen
nh · 1977 · cited in 1 New Hampshire opinions naming this issue, 2011–2011
1 sentence

2011The specific exception he cites allows an award of attorney’s fees when “one party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons, where the litigant’s conduct can be characterized as unreasonably obdurate or obstinate, and where it should have been unnecessary for the successful party to have brought the action.” Harkeem v. Adams, 117 N.H. 687, 691 (1977) (quotation and citations omitted).

11
State v. Sawyergreen
nh · 2001 · cited in 1 New Hampshire opinions naming this issue, 2010–2010
2 sentences

2010See State v. Sawyer, 145 N.H. 704, 706 , 764 A.2d 936 (2001) ("Warrantless police entries are per se unreasonable and thus illegal unless made pursuant to a judicially created exception.").

2010See State v. Sawyer, 145 N.H. 704, 706 , 764 A.2d 936 (2001) ("Warrantless police entries are per se unreasonable and thus illegal unless made pursuant to a judicially created exception.").

11
State v. MacDonaldgreen
nh · 1986 · cited in 1 New Hampshire opinions naming this issue, 2001–2001
2 sentences

2001See Ricci, 144 N.H. at 243 , 739 A.2d at 406 ; State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986).

2001See Ricci, 144 N.H. at 243 , 739 A.2d at 406 ; State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986).

11
State v. Riccigreen
nh · 1999 · cited in 1 New Hampshire opinions naming this issue, 2001–2001
2 sentences

2001See Ricci, 144 N.H. at 243 , 739 A.2d at 406 ; State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986).

2001See Ricci, 144 N.H. at 243 , 739 A.2d at 406 ; State v. MacDonald, 129 N.H. 13, 20 , 523 A.2d 35, 39 (1986).

11
State v. Prestongreen
nh · 1983 · cited in 1 New Hampshire opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., State v. Brown, 125 N.H. 346, 348 , 480 A.2d 901, 903 (1984); State v. Preston, 124 N.H. 118, 119 , 467 A.2d 243, 244 (1983).

1992See, e.g., State v. Brown, 125 N.H. 346, 348 , 480 A.2d 901, 903 (1984); State v. Preston, 124 N.H. 118, 119 , 467 A.2d 243, 244 (1983).

11
State v. Browngreen
nh · 1984 · cited in 1 New Hampshire opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., State v. Brown, 125 N.H. 346, 348 , 480 A.2d 901, 903 (1984); State v. Preston, 124 N.H. 118, 119 , 467 A.2d 243, 244 (1983).

1992See, e.g., State v. Brown, 125 N.H. 346, 348 , 480 A.2d 901, 903 (1984); State v. Preston, 124 N.H. 118, 119 , 467 A.2d 243, 244 (1983).

11
Hurley v. Town of Hudsongreen
nh · 1972 · cited in 1 New Hampshire opinions naming this issue, 1974–1974
2 sentences

1974When dealing with a similar rule preventing an unemancipated child from suing his parents for their torts, this court held that: “[F]inding no supportable rationale upon which this judicially created exception to the ordinary rules of liability can be predicated, justice demands and reason dictates that a change be made from the previous holding in such a situation.” Dean v. Smith, 106 N.H. 314, 318 , 211 A.2d 410, 413 (1965); Hurley v. Hudson, 112 N.H. 365, 367-68 , 296 A.2d 905, 906 (1972); see Lombardo v. D.F.

1974When dealing with a similar rule preventing an unemancipated child from suing his parents for their torts, this court held that: “[F]inding no supportable rationale upon which this judicially created exception to the ordinary rules of liability can be predicated, justice demands and reason dictates that a change be made from the previous holding in such a situation.” Dean v. Smith, 106 N.H. 314, 318 , 211 A.2d 410, 413 (1965); Hurley v. Hudson, 112 N.H. 365, 367-68 , 296 A.2d 905, 906 (1972); see Lombardo v. D.F.

11
Perkins v. Stategreen
ind · 1969 · cited in 1 New Hampshire opinions naming this issue, 1974–1974
2 sentences

1974Frangioso & Co., 359 Mass. 529 , 269 N.E.2d 836 (1971); Perkins v. State, 252 Ind. 549, 555 , 251 N.E.2d 30, 34 (1969).

1974Frangioso & Co., 359 Mass. 529 , 269 N.E.2d 836 (1971); Perkins v. State, 252 Ind. 549, 555 , 251 N.E.2d 30, 34 (1969).

11
In Re Frolich Estategreen
nh · 1972 · cited in 1 New Hampshire opinions naming this issue, 1973–1973
2 sentences

1973Finding no supportable rationale upon which this judicially created exception to the ordinary rules of liability can be predicated, justice demands and reason dictates that a change be made from the previous holding in such a situation.” Dean v. Smith, 106 N.H. 314, 318 , 211 A.2d 410, 413 (1965); see In re Frolich Estate, 112 N.H. 320 , 295 A.2d 448 (1972). *399 Our decision will shift the primary focus of inquiry for judge and jury from the traditional question of “Who had control?” to a determination of whether the landlord, and the injured party, exercised due care under all the circumstan

1973Finding no supportable rationale upon which this judicially created exception to the ordinary rules of liability can be predicated, justice demands and reason dictates that a change be made from the previous holding in such a situation.” Dean v. Smith, 106 N.H. 314, 318 , 211 A.2d 410, 413 (1965); see In re Frolich Estate, 112 N.H. 320 , 295 A.2d 448 (1972). *399 Our decision will shift the primary focus of inquiry for judge and jury from the traditional question of “Who had control?” to a determination of whether the landlord, and the injured party, exercised due care under all the circumstan

11
Flagiello v. Pennsylvania Hospitalgreen
pa · 1965 · cited in 1 New Hampshire opinions naming this issue, 1965–1965
1 sentence

1965See Woods v. Lancet, 303 N. Y. 349, 355 ; Flagiello v. Pennsylvania Hospital, 208 A. 2d 193, 205-208 (Pa. 1965); 48 Minn. L.

11
Woods v. Lancetgreen
ny · 1951 · cited in 1 New Hampshire opinions naming this issue, 1965–1965
1 sentence

1965See Woods v. Lancet, 303 N. Y. 349, 355 ; Flagiello v. Pennsylvania Hospital, 208 A. 2d 193, 205-208 (Pa. 1965); 48 Minn. L.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
City of Dover v. Imperial Casualty & Indemnity Co. green
nh · 1990
2 sentences

1999In City of Dover v. Imperial Casualty & Indemnity Co., 133 N.H. 109 , 575 A.2d 1280 (1990), we held that “municipal immunity, as a judicially created doctrine, no longer exists.” Id. at 115 , 575 A.2d at 1283 .

1999In City of Dover v. Imperial Casualty & Indemnity Co., 133 N.H. 109 , 575 A.2d 1280 (1990), we held that “municipal immunity, as a judicially created doctrine, no longer exists.” Id. at 115 , 575 A.2d at 1283 .

31991–1999
Fat Bullies Farm, LLC v. Lori Devenport & a. green
nh · 2017
1 sentence

2020Id. at 29-30 .

12020–2020
State v. Santana green
nh · 1991
2 sentences

1999Santana, 133 N.H. at 803 , 586 A.2d at 80 .

1999Santana, 133 N.H. at 803 , 586 A.2d at 80 .

11999–1999
Allgeyer v. Lincoln green
nh · 1984
2 sentences

1994Cf. Allgeyer, 125 N.H. at 507 , 484 A.2d at 1081 .

1994Cf. Allgeyer, 125 N.H. at 507 , 484 A.2d at 1081 .

11994–1994
Mildred M. Gossler & A. v. Manchester green
nh · 1966
2 sentences

1993In Gossler v. Manchester, 107 N.H. 310 , 221 A.2d 242 (1966), we questioned the utility of the judicially created doctrine of municipal immunity but did not strike it down. 107 N.H. at 314-15 , 221 A.2d at 245 .

1993In Gossler v. Manchester, 107 N.H. 310 , 221 A.2d 242 (1966), we questioned the utility of the judicially created doctrine of municipal immunity but did not strike it down. 107 N.H. at 314-15 , 221 A.2d at 245 .

11993–1993
Lombardo v. DF Frangioso & Co., Inc. green
mass · 1971
2 sentences

1974Frangioso & Co., 359 Mass. 529 , 269 N.E.2d 836 (1971); Perkins v. State, 252 Ind. 549, 555 , 251 N.E.2d 30, 34 (1969).

1974Frangioso & Co., 359 Mass. 529 , 269 N.E.2d 836 (1971); Perkins v. State, 252 Ind. 549, 555 , 251 N.E.2d 30, 34 (1969).

11974–1974

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 231:92 (3) NH § N.H. Rev. Stat. Ann. § 412:3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 303 (1955–2026) IL 124 (1966–2026) MI 83 (1976–2026) PA 79 (1961–2024) TX 79 (1969–2022) MO 77 (1986–2025) LA 76 (1960–2025) OH 72 (1978–2026) WI 54 (1997–2025) MD 53 (1962–2022) NJ 50 (1976–2026) WA 47 (1973–2025) FL 41 (1983–2024) CO 38 (1983–2025) VA 35 (1974–2026) UT 33 (1981–2023) NM 29 (1978–2023) NY 28 (1959–2024) CT 27 (1994–2024) KS 24 (1983–2022) MA 23 (1976–2019) ME 21 (1977–2025) TN 20 (1981–2024) GA 20 (1981–2025) MS 17 (1979–2024) MN 17 (1985–2024) ID 17 (1966–2026) NH 17 (1965–2020) AZ 15 (1980–2023) RI 15 (1979–2022) OR 14 (1996–2024) AL 14 (1984–2024) WY 13 (1981–2026) IN 11 (1980–2023) DE 10 (1955–2022) AK 9 (1980–2019) OK 9 (1985–2014) VT 8 (1989–2026) WV 8 (1981–2020) AR 7 (1997–2022) KY 7 (2004–2025) IA 7 (1995–2018) VI 7 (2009–2017) MT 6 (1980–2009) NC 6 (1991–2023) NE 4 (1996–2020) DC 4 (1999–2009) NV 4 (1979–2024) SC 4 (1975–2019) SD 3 (1957–1996) ND 2 (2013–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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