Bjork Ex Rel. Bjork v. United States Bobbin & Shuttle Co.
Supreme Court of New Hampshire
Case, for injuries received while in the defendants’ employ. Trial by jury and verdict for the plaintiff. The defendants had duly accepted the provisions of the employers’ liability and workmen’s compensation act, c. 163, Laws 1911. The plaintiff, who was sixteen years of age at the time of the injury, was employed to take away from a saw fed by another employee. He was so engaged about five hours in the forenoon of the day of his employment.
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Case, for injuries received while in the defendants’ employ. Trial by jury and verdict for the plaintiff. The defendants had duly accepted the provisions of the employers’ liability and workmen’s compensation act, c. 163, Laws 1911. The plaintiff, who was sixteen years of age at the time of the injury, was employed to take away from a saw fed by another employee. He was so engaged about five hours in the forenoon of the day of his employment. In the afternoon he was given other work and the next morning at his request was again put on the saw and was injured soon after beginning work. He was…
1Opinion
The enlarged liability to employees imposed upon the employer in certain employments under c. 163, Laws 1911 by section 2 of the act does not apply to an employer who has accepted the provisions of the act, Ib., s. 3. In such case the existing right of action at common law is preserved to employees who elect such action instead of the compensation established by the act. Ib., s. 4. Hence the present action is at common law and the statute is inapplicable.
The jury therefore were properly instructed that the plaintiff to recover must establish that the injury arose from a risk which he did not…
2Cases cited6 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Hicks v. Claremont Paper Co.Supreme Court of New Hampshire · 1907
- Burnham v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Simoneau v. Keene Electric RailwaySupreme Court of New Hampshire · 1917
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