Lyle v. Bangor & Aroostook Railroad Co.

This matter comes before the Law Court on plaintiff’s exception to an order of non-suit. Plaintiff was employed as a section hand and track man on defendant’s railroad. It is properly alleged and not in dispute that defendant is a non-assenting employer of more than five workmen and that by the terms of the Workmen’s Compensation Act, R. S., 1944, Chap. 26, Sec. 3, the common law defenses,

“I. That the employee was negligent;

II; That the injury was caused by the negligence of a fellow employee;

III. That the employee has assumed the risk of the injury,”

are not available to this defendant. The…