JOHNSON v. COMPANY

No. 3858.

96 N.H. 44 (1949)

FRANCES L. JOHNSON v. NATIONAL BISCUIT COMPANY.

Supreme Court of New Hampshire.

December 6, 1949.


Attorney(s) appearing for the Case

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey, orally), for the plaintiff.

Hughes & Burns and Donald R. Bryant (Mr. Bryant, orally), for the defendant.


BLANDIN, J.

The questions before us are, first, should the plaintiff's action be dismissed on the ground that she has accepted payments of workmen's compensation, second, if her action should not be dismissed should she as a condition of continuing her action be required to repay the defendant the amounts paid under the Workmen's Compensation Act (R. L., c. 216) on the grounds that she became legally obligated to do so when she brought her common law action...

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