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DUSTIN v. LEWIS

No. 4371.

99 N.H. 404 (1955)

MAURICE P. DUSTIN, Adm'r v. GEORGE & GLADYS LEWIS & a.

Supreme Court of New Hampshire.

Decided March 11, 1955.

Attorney(s) appearing for the Case

Walter D. Hinkley (by brief and orally), for the plaintiff.

Francis G. Moulton (by brief and orally), for the defendants.

KENISON, C. J.

The definition of a compensable injury relevant to this case appears in Laws 1947, c. 266, s. 2 III and reads in part as follows: "personal injury, or injury as used in and covered by this chapter shall mean accidental injury or death arising out of and in the course of the employment. . . ." It is agreed that the employee's death arose in the course of his employment but the Court found that it did not arise out of his employment. This...

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