No specific laws identified for this ruling.
The court held that the employer's insurance carrier was estopped from asserting the four-year statute of limitations under RSA 281:40 to bar the plaintiff's workmen's compensation claim, because the carrier had represented it would resume benefits if the plaintiff's knee problems recurred.
Error to Buchanan Circuit Court. — Hon. Joseph P. Grubb, Judge. argued that if the road had been built by the company’s officers, agents and employees, it would have been liable on the doctrine of respondeat superior; but having been built by an independent contractor, who took the whole job at a stipulated price, employing and paying his own workmen, over whom the company had no control, it is not liable, citing Clark v. Hann. $ St. Jo. B. B., 36 Mo. 202; Barry v. St. Louis, 17 Mo. 121; Harriman v. Stowe, 57 Mo. 98; 1 Redfield on Railways, 506 ; Laugher v. Pointer, 5 B. & C. 547; Quarmann v. Burnett, 6 M. & W. 499; Beedie v. N. W. B. B. Co., 4 Exch. 248; Peachy v. Bowland, 16 Eng. L. and E. 442 ; Overton v. Freeman, 8 lb. 479; Sadler v. Ilenlock, 30 lb. 167; Steel v. S. E. B. B. Co., 32 lb. 366; Scott v. Mayor, $c., 38 lb. 477 ; Bailey v. Mayor, 3 Hill 531; 2 Denio, 433 ; Belrnonico v. Mayor, 1 Sandf. 222; Lloyd v. Mayor, 1 Selden 369; Blake v. Ferris, 1 Seld. 48 ; Pack v. Mayor, 4 Seld. 222; Kelly v. Mayor, 1 Kernan 432; Currier v. Lowell, 16 Pick. 170 ; Dowell v. B. § D. R. R. Go., 23 Pick. 24; Hilliard v. Richardson, 8 Gray 349; Carson v. Goclley, 2 Oasey, 111; Erie v. Schioingle, 10 Harris 384; West Chester v. Apple, 11 Casey 284; Samynv. McGlosky, 2 Ohio St., 536; Carman v. S. $ I. R. R. Co., 4 Ohio St. 399; DeForrest v. Wright, 2 Mich. 368; Wiswall v. Brinson, 10 Ired. 554; Buffalo v. Holloway,- 3 Seld. 493; Milligen v. Wedge, 12 A. and E. 737; Allen v. Hayward, 7 Id. N. S. 960 ; Rapson v. Cubitt, 9 M. & W. 710; Knight v. Fox, 1 Eng. Law and Eq. 477 ; Painter v. The Mayor, $c., 46 Penn. St. 213; O. § M. R. R. Co. v. Davis, 23 Ind. 553; Story on Agency, §§ 453, 454; Pierce on Am. Railway Lav, pp. 235, 242; 2 Hilliard on Torts, §§ 533, 551. argued that as the contractor had no right on the plairstiff’s land, except through the authority of the company, the contractor must to that extent be considered as its servant, and the company must be liab
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