Hamberger v. Eastman

In Hamberger v. Eastman (1964) 106 N.H. 107 206 A.2d 239, the plaintiffs rented a house adjacent to the house of their landlord. They discovered the defendant had installed in their bedroom a listening and recording device, which was connected by wires to the defendant's house. The defendant argued there could be no cause of action as the plaintiffs did not allege that anyone listened to any sounds from their bedroom. The New Hampshire Supreme Court disagreed, holding that "actual or potential" publicity with respect to private matters constitutes a compensable injury. (Id. at p. 242.)