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MAHEUX v. COVE-CRAFT, INC. CO.

No. 4866.

103 N.H. 71 (1960)

ROBERT J. MAHEUX v. COVE-CRAFT, INC. & a.

Supreme Court of New Hampshire.

Decided October 28, 1960.

Attorney(s) appearing for the Case

Harold E. Wescott and Peter V. Millham (Mr. Wescott orally), for the plaintiff.

Sullivan & Gregg and Sherman D. Horton, Jr. (Mr. Horton orally), for the defendants.

DUNCAN, J.

The exceptions in this case present the issue of whether upon the record the plaintiff's injury could properly be found to have arisen out of and in the course of the employment. RSA 281:2 III.

It is undisputed that when the plaintiff was injured he was engaged in a project of his own, upon his own time, during his noon lunch hour. He was, however, on his employer's premises, and using his employer's machinery...

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