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SMITH v. AM. EMPLOYERS' INS. CO.

No. 4805.

102 N.H. 530 (1960)

DOROTHY SMITH v. AMERICAN EMPLOYERS' INSURANCE COMPANY.

Supreme Court of New Hampshire.

Decided April 29, 1960.

Reargued June 8, 1960.

Former Result Affirmed June 30, 1960.

Attorney(s) appearing for the Case

Burns, Bryant & Hinchey and Lawrence E. Spellman (Mr. Spellman orally), for the plaintiff.

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Phinney orally), for the defendant.

Sheehan, Phinney, Bass, Green, & Bergevin and Richard A. Morse (Mr. Phinney orally), for the defendant American Employers Insurance Co., for the motion.

Hinkley & Hinkley (Mr. Walter D. Hinkley orally), for the American Mutual Insurance Alliance, as amicus curiae, for the motion.

Sulloway, Hollis, Godfrey & Soden (Mr. Godfrey orally), for Association of Casualty and Insurance Companies, as amicus curiae, for the motion.

Charles G. Tierney (of New York) for The American Association of State Compensation Insurance Funds, as amicus curiae, for the motion.

Burns, Bryant & Hinchey and Lawrence E. Spellman (Mr. Bryant orally), opposed.

BLANDIN, J.

The question presented is whether RSA ch. 281 deprives the plaintiff employee of her right to proceed at common law against a third party for allegedly negligently causing her injury, when the third party is her employer's workmen's compensation insurance carrier. The defendant contends that it does so. The issue is one of legislative intent and to determine it we must examine our workmen's compensation statute.

The material portions of RSA 281...

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