Cited by

The following year, we extended the Dean holding in Briere v. Briere, 107 N.H. 432, 224 A.2d 588 (1966), and abolished the court-created parental immunity doctrine adopted in Levesque.

Briere v. Briere, 107 N.H. 432, 434, 224 A.2d 588, 590 (1966); Dean v. Smith, 106 N.H. 314, 317, 211 A.2d 410, 412-13 (1965).

Shades, etc., supra at 611; see Briere v. Briere, 107 N.H. 432, 434, 224 A.2d 588, 590 (1966).

In Vickers v. Vickers, 109 N.H. 69, 71, 242 A.2d 57, 58 (1968), we gave only prospective effect to our earlier decision of Briere v. Briere, 107 N.H. 432, 224 A.2d 588 (1966), which abolished parental immunity from negligence claims by unemancipated children.

Consequently, “it is the duty of the judiciary to examine it and make such changes as justice requires when the Legislature has chosen not to act.” Briere v. Briere, 107 N.H. 432, 434, 224 A.2d 588, 590 (1966).

Briere v. Briere, 107 N.H. 432, 434, 224 A.2d 588, 590 (1966); Holytz v. Milwaukee, 17 Wis.

Dunlap v. Dunlap, 84 N.H. 352, 367, 150 A. 905, 912 (1930);Johnson v. Johnson, 107 N.H. 30, 32, 216 A.2d 781, 783 (1966); Briere v. Briere, 107 N.H. 432, 435, 224 A.2d 588, 590 (1966).

2 F. Harper and F. James, supra at 1508; see Hurley v. Town of Hudson, 112 N.H. 365, 296 A.2d 905 (1972) (sovereign tort immunity disapproved); Dean v. Smith, 106 N.H. 314, 211 A.2d 410 (1965) and Briere v. Briere, 107 N.H. 432, 224 A.2d 588 (1966) (parental tort immunity abolished); Derby v. Public Serv.

As was said in Briere v. Briere, 107 N.H. 432, 434, 224 A.2d 588, 589-90 (1966), “We do not believe that our case should be determined by the number of authorities which support one rule or the other, any more than that a jury should resolve issues according to the number of witnesses who appear for the plaintiff or the defendant.” However, in the present case w

In any event the change in rule which die Vickers case made prospective was made in Briere v. Briere, 107 N.H. 432, 224 A.2d 588 and applied to the parties diere.