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BURNHAM v. DOWNING

No. 83-401.

125 N.H. 293 (1984)

ROYAL BURNHAM, d/b/a ROYAL BURNHAM LOGGING v. CHESTER A. DOWNING

Supreme Court of New Hampshire.

July 27, 1984.

Attorney(s) appearing for the Case

Edwin W. Kelly, of Plymouth, by brief and orally, for the plaintiff.

Ray & Hopkins P.A., of Plymouth (William H. Hopkins on the brief and orally), for the defendant.

BROCK, J.

The principal issue to be considered in this appeal is whether the defendant, Chester A. Downing, was an employee of the plaintiff, Royal Burnham, d/b/a Royal Burnham Logging when, on December 27, 1982, he injured his eye. The New Hampshire Deputy Labor Commissioner found that Downing was an employee and was entitled to workers' compensation benefits under RSA chapter 281 by virtue of his loss of eyesight in one eye. Burnham, alleging that Downing was an...

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