Lybolt v. W. H. Hinman, Inc.

In order to establish a claim under the workmen’s compensation act it is necessary that three elements be proved. The injury must be accidental (Guay v. Company, 83 N. H. 392), it must arise out of the employment and it must occur in the course of that employment. P. L., c. 178, s. 4. Assuming that the first two elements were shown in this case, the plaintiff fails as to the third. The incident relied upon as an accident was a cerebral hemorrhage, and it occurred several hours after the plaintiff had completed his day's work and while he was about his personal business.

The provisions that the…