Strong v. New Hampshire Box Co.

Laws 1911, c. 163, s. 4, provides that if the workman suffering an injury within the terms of the act “shall commence any action at common law . . . against the employer therefor, he shall be barred from all benefits of the act in regard thereto.” The record discloses that such an action was commenced and prosecuted to judgment. As the court had jurisdiction of the subject matter it is a sufficient answer to the plaintiff’s exception that this judgment is not open to collateral attack in these proceedings. State v. Kennedy, 65 N. H. 247; McKeen v. Converse, 68 N. H. 173, 176; Bickford v.…