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CATE v. PERKINS MACHINE CO.

No. 4785.

102 N.H. 391 (1960)

RAYMOND E. CATE v. PERKINS MACHINE Co. & a.

Supreme Court of New Hampshire.

Decided January 27, 1960.

Attorney(s) appearing for the Case

Upton, Sanders & Upton (Mr. Frederic K. Upton orally), for the plaintiff.

Booth, Wadleigh, Langdell, Starr & Peters and Charles J. Dunn (Mr. Dunn orally), for the defendants.

LAMPRON, J.

The findings and rulings to which the plaintiff excepted are the following:

"Mr. Cate's refusal to have an operation raises the question as to whether such refusal affects his right to recover compensation. A man must act reasonably to overcome his disability; he is not entitled to recover compensation for disability avoidable by an operation which ordinary prudence advises; if he is not to be subjected...

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