Johnson v. National Biscuit Co.

The questions before us are, first, should the plaintiff’s action be dismissed on the ground that she has accepted payments of workmen’s compensation, second, if her action should not be dismissed should she as a condition of continuing her action be required to repay the defendant the amounts paid under the Workmen’s Compensation Act (R. L., c. 216) on the grounds that she became legally obligated to do so when she brought her common law action or that her counsel made a binding agreement at the hearing on September 14, 1948 that she would make repayment before continuing her common law…