MERCHANTS &c. CAS. CO. v. TUTTLE

No. 4238.

98 N.H. 349 (1953)

MERCHANTS MUTUAL CASUALTY CO. v. ROGER W. TUTTLE & a.

Supreme Court of New Hampshire.

Decided November 30, 1953.


Attorney(s) appearing for the Case

Devine & Millimet (Mr. Millimet orally), for the plaintiff.

Burns, Calderwood & Bryant and Robert E. Hinchey (Mr. Hinchey orally), for the defendant Lumbermens Mutual Casualty Company.

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Louis E. Wyman orally), for the defendant Roger W. Tuttle.

Sullivan & Gregg and S. Robert Winer (Mr. Winer orally), for the defendant Alma A. Daly.


LAMPRON, J.

The question of whether the administratrix of the estate of Ferguson can maintain an action of tort for negligence against his fellow employee Tuttle, after having received workmen's compensation for such injuries was raised in the proceedings in the Superior Court and was apparently transferred to this court by the reserved case. Although Merchants raises some question as to whether that issue should be considered at this time "all the facts are before...

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