Watts v. Derry Shoe Co.
Supreme Court of New Hampshire
Case, for negligence, to recover for injuries received while in the defendants’ employ. The declaration alleged, as the negligence causing her injury, the unsafe condition of the floor of the room in which the plaintiff worked.
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Case, for negligence, to recover for injuries received while in the defendants’ employ. The declaration alleged, as the negligence causing her injury, the unsafe condition of the floor of the room in which the plaintiff worked. Subsequently, she asked leave to amend her declaration by adding a count in which she alleged her employment by the defendants at work in a factory in connection with machinery operated by steam or other mechanical power, wherein more than five persons were engaged in manual and mechanical labor and that the defendants had not accepted the provisions of Laws 1911, c.…
1Per curiam
Amendments in matters of substance may be allowed by the court in any stage of the proceedings when necessary to prevent injustice. P. S., c. 222, s. 8.
Under c. 163, Laws 1911, a servant of an employer, who has accepted the provisions of the act, in case of injury may bring an action against his employer to recover for such injury upon the ground that it was caused by his employer’s negligence, or he may seek the compensation provided by the act, in which case the question of negligence is not material. After election of either remedy the al ternative remedy is not open to him. Ib., s. 4.…
2Cited by3 opinions
- Fasekis v. J. J. Newbury Co.Supreme Court of New Hampshire · 1945
- Davis v. H. P. Cummings Construction Co.Supreme Court of New Hampshire · 1925
- Dubuc v. Amoskeag Industries, Inc.Supreme Court of New Hampshire · 1940