Churchill v. Exeter Manufacturing Co.

Any workman injured while in the employ of one who has accepted the provisions of the employers’ liability and workmen’s compensation act may elect to receive compensation thereunder or to bring an action at common law for negligence, but he cannot do both. P. L., c. 178, ss. 11, 12. The language of the statute is extremely clear and permits of only one conclusion. “The pursuit of either the statutory or common-law remedy releases the employer from liability under the other.” Roberts v. Hillsborough Mills, 85 N. H. 517, 518. It was the design of the act “to compel him [a workman] having made…