State v. Rosier

CourtSupreme Court of New Hampshire
Writing for the CourtDUNCAN
Citation191 A.2d 526,105 N.H. 6
PartiesSTATE v. Charles B. ROSIER.
Decision Date07 June 1963

Page 526

191 A.2d 526
105 N.H. 6

Charles B. ROSIER.
Supreme Court of New Hampshire.
Argued May 7, 1963.
Decided June 7, 1963.

William Maynard, Atty. Gen., and William J. O'Neil, Asst. Atty. Gen., for the State.

John J. Wholey, Portsmouth, for defendant.

DUNCAN, Justice.

The defendant is charged with operation of a motor vehicle 'on a certain way known as the Vaughan Street Parking Lot' in Portsmouth while under the influence of intoxicating liquor. RSA 262:19 (supp) makes it an offense to so operate a motor vehicle 'upon any way.' For purposes of Title XXI of the Revised Statutes Annotated, of which chapter 262 is a part, 'a way' is defined as 'any public highway, street, avenue, road, alley, park or parkway, or any private way laid out under authority of statute.' RSA 259:1, subd. XXXV. See State v. Gallagher, 102 N.H. 335, 336.

The parties agree that the Vaughan Street parking lot is an offstreet parking area in Portsmouth designated as such by city ordinance, which defines such an area as 'any area acquired by the City of Portsmouth by vote of the City Council and designated for the parking of vehicles.' Rev.Ord. (1957) s. 32-401(A). The ordinance describes the Vaughan Street parking area by metes and bounds. Id., s. 32-402(C). This description indicates, and the parties concede, that the area is [105 N.H. 8] situated on land owned by the city which is bounded by and is accessible to and from three city streets, viz. Vaughan Street, Bridge Street, and Hanover Street.

It appears not to be disputed that the parking lot was not established by statutory layout as a highway or parking area (cf. Rogers v. Concord, 104 N.H. 47, 178 A.2d 509) and that it has not been in use for twenty years. State v. Michaud, 98 N.H. 356, 100 A.2d 899; State v. Duranleau, 99 N.H. 30, 104 A.2d 519, 45 A.L.R.2d 1166. The defendant asserts that it is therefore not a public highway, and not a 'way' as defined by RSA 259:1, supra. Dow v. Latham, 80 N.H. 492, 120 A. 258; Summerfield v. Wetherell, 82 N.H. 513, 135 A. 147. At the time the cases cited by defendant were decided, a highway was a 'public highway' only if laid out pursuant to statute or if it had been used as such for more than twenty years. R.L., c. 90, § 1. However, the statute has since been amended to include within the definition 'roads which have been constructed for public travel over land which has been conveyed to a city * * * by deed of a fee or easement interest' (Laws 1943, c. 57, §...

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7 cases
  • State v. Sage, No. 2016–0698
    • United States
    • Supreme Court of New Hampshire
    • February 9, 2018
    ...driving to New Hampshire's "public" highways or ways, see, e.g, State v. Tardiff, 117 N.H. 53, 56, 369 A.2d 182 (1977) ; State v. Rosier, 105 N.H. 6, 7–9, 191 A.2d 526 (1963) ; State v. Gallagher, 102 N.H. 335, 336, 156 A.2d 765 (1959), its definition underwent a significant expansion in 19......
  • Opinion of the Justices, No. 5949
    • United States
    • Supreme Court of New Hampshire
    • June 3, 1969
    ...facilities are an essential part of our public highway system. See Opinion of the Justices, 94 N.H. 501, 51 A.2d 836; State v. Rosier, 105 N.H. 6, 191 A.2d 526; Papademus v. State, 108 N.H. 456, 237 A.2d 665; Stott v. City of Manchester, 109 N.H. 59, 242 A.2d 58. The construction and mainte......
  • Stott v. City of Manchester, No. 5690
    • United States
    • Supreme Court of New Hampshire
    • May 29, 1968
    ...v. State, 108 N.H. --, 237 A.2d 665 (decided Jan. 30, 1968). See also Hartford v. Gilmanton, 101 N.H. 424, 146 A.2d 851; State v. Rosier, 105 N.H. 6, 191 A.2d In consequence, parking has become so far an integral part of highway use and regulation, that we are of the opinion that adequate p......
  • State v. Tardiff, No. 7513
    • United States
    • Supreme Court of New Hampshire
    • January 31, 1977
    ...We have previously relied upon the statutory definition of way. State v. Crockett, 116 N.H. 324, 358 A.2d 414 (1976); State v. Rosier, 105 N.H. 6, 191 A.2d 526 (1963); State v. Cardin, 105 N.H. 314, 156 A.2d 118 (1959); see State v. Gallagher, 102 N.H. 335, 156 A.2d 765 (1959). RSA 262-A:84......
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