Rivard v. J. F. McElwain Co.

As a preliminary matter it will be noted that New Hampshire, unlike a majority of states, has no specific statutory provision restricting compensation in hernia cases. 114 A. L. R. 1337. “It is not to be doubted that an accidental hernia, sustained under conditions mentioned, [in R. L., c. 216, s. 2] would be compensable.” 5 Schneider, Workmens Compensation (Perm. ed. 1946) s. 1508.

We first consider defendant’s contention that “competent evidence is lacking to show that the work produced the hernia.” The decedent Rivard had worked for the defendant as a rough rounder for several years…