Gagne v. New Haven Road Construction Co.

The court was correct in his ruling that the plaintiff was entitled to compensation if his injury resulted from the effect of a compensable accident upon a pre-existing physical abnormality. Guay v. Company, 83 N. H. 392; Thomson v. Company, 86 N. H. 436, 437. However, not having the benefit of the written record, the court seems to have misunderstood the defendant’s contention. Apparently the court understood that the defendant conceded that the plaintiff’s injury was due in part to the accident and in part to the alleged deformity. Such was not in fact the case. The defendant contended that…