CITY OF ROCHESTER v. SMITH

No. 78-226.

119 N.H. 495 (1979)

CITY OF ROCHESTER AND INSURANCE COMPANY OF NORTH AMERICA v. WILLIAM SMITH

Supreme Court of New Hampshire.

June 27, 1979.


Attorney(s) appearing for the Case

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester (Theodore Wadleigh orally), for the plaintiffs.

Mullaney & Richardson P.A., of Rochester (Stanley J. Mullaney orally), for the defendant.


BROCK, J.

This workmen's compensation case concerns an auxiliary fireman who was injured by the inhalation of smoke and fumes while fighting a fire in Rochester on July 4, 1976. The labor commissioner found that the fireman was partially disabled and entitled to benefits under RSA 281:25 as a result of an accidental injury arising out of and in the course of his employment.

The fireman, who is the defendant here, did not appeal from the labor commissioner...

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