While meticulous care should be exercised that all be afforded every opportunity which the law provides to fully present their cases before the courts and other proper tribunals, justice demands that when this has been accomplished there be an end to litigation. Balcus v. Company, 94 N.H. 270. The present circumstances are clearly unlike those in the case of Croteau v. Harvey Landers, 99 N.H. 264. There the matter had not gone to final judgment and the statutory period had not elapsed.
These considerations and factors justified the finding of the master that the operator was not an employee of the plaintiff. Balcus v. Sterling Express Co., 94 N.H. 270, 272; Standard c. Insurance Co. v. Swift, 92 N.H. 364. Error is claimed in the refusal of the referee to grant various requests of the defendant designed for the most part to show that the right to control, direct and supervise the moving of the ore rested entirely with the plaintiff.