Lemieux v. Cousins

Plaintiff alleged that while in the employ of defendant, logging and lumbering in the swamps, he was severely injured through the alleged negligence of one of defendant’s foremen; wherefore he prayed for damages.

Defendant joined issue, and thereafter plaintiff amended his petition by alleging that he believed that his claim arose under the workmen’s compensation statute; wherefore he prayed for compensation under said statute, and only in the alternative for damages.

The original demand was made within a year, but the amended petition was filed only a year and three days after the occurrence;…