Estes v. Leathers

With certain exceptions not here material, the provisions of the Employers’ Liability and Workmen’s Compensation Act apply to workmen engaged in “any industry, enterprise or business in which five or more persons are employed by a common employer.” R. L., c. 216, s. 1, par. II. The word “persons” as used in this paragraph is given a restricted meaning and has reference to workmen only. White v. Company, 90 N. H. 315.

The plaintiff was one of four workmen comprising a mill crew, so called. It was his duty to “roll the logs off the carriage for the sawyer to saw.”

Plaintiff’s counsel suggest that…