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ALLISON v. BROWN & HORSCH INSULATION CO., INC.

No. 4241.

98 N.H. 434 (1954)

JOSEPH ALLISON & a. v. BROWN & HORSCH INSULATION CO., INC. & a.

Supreme Court of New Hampshire.

Decided January 29, 1954.

Attorney(s) appearing for the Case

Burns, Calderwood & Bryant and Robert E. Hinchey (Mr. Hinchey orally), for the plaintiffs, Allison, Jewett and Allicon.

John DeCourcy (by brief and orally), for the plaintiff Hanna.

Charles F. Hartnett (by brief and orally), for the defendant.

KENISON, C. J.

One of the principal issues in these cases is whether drinking by the plaintiffs constitutes a bar to compensation under the intoxication provision of the Workmen's Compensation Law. The governing provisions (Laws 1947, c. 266, s. 13) are as follows: "EMPLOYEE'S FAULT. The employer shall not be liable for any injury to a workman which is caused in whole or in part by the intoxication, or serious and wilful misconduct of the workman. The...

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