Roberts v. Hillsborough Mills

I. Any workman injured while in the employment of one who has accepted the workmen’s compensation act may elect to receive compensation thereunder or to bring an action at common law for negligence. By the terms of the statute an injured workman is barred from recovery in such an action by “accepting any compensation” under the act, by giving the prescribed notice or by “beginning proceedings therefor in any manner.” P. L., c. 178, s. 11. The pursuit of either the statutory or common-law remedy releases the employer from liability under the other. Gordon v. Company, 83 N. H. 221, 222. The…