LYLE v. BANGOR & AROOSTOOK RAILROAD CO.


110 A.2d 584 (1954)

Wilmer L. LYLE v. BANGOR & AROOSTOOK RAILROAD CO.

Supreme Judicial Court of Maine.

December 6, 1954.


Attorney(s) appearing for the Case

Harry Stern, Bangor, for plaintiff.

Rudman & Rudman, Scott Brown, Houlton, for defendant.

Before WILLIAMSON, TIRRELL, WEBBER, BELIVEAU, and TAPLEY, JJ., and THAXTER, A. R. J.


WEBBER, Justice.

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's and that by the terms of the Workmen's Compensation Act, R.S.1944, Chapter 26, § 3, the common law defenses,

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