LeBlanc v. Sturgis

Common-law principles govern this personal injury case, the number of workmen regularly in the employ of the defendant at the time of the accident having been but five. R. S., Chap. 50, as amended by 1919 Laws, Chap. 238.

On December 1, 1928, defendant was in the steam sawmill busi*375ness at a place called Grindstone. He personally directed the work in his mill, and besides was sawyer. Plaintiff was marker. Another employee performed the duties both of fireman and engineer.

There is testimony that, before the mill had been started for the day on this December first, plaintiff, then standing near a…