Capozzoli v. Stone & Webster Engineering Corp.

Opinion by

Mr. Justice Patterson,

This is an action in trespass by Rose Capozzoli, administratrix of the estate of Joseph Capozzoli, against Stone & Webster Engineering Corporation, appellee, to recover damages for the death of her husband, Joseph, occasioned by the negligence of one of appellee’s employees. Appellee filed an affidavit of defense raising questions of law, averring that appellee was decedent’s statutory employer. This appeal is from the order of the court below sustaining the affidavit of defense and entering judgment for appellee.

On March 16, 1944, Joseph Capozzoli was employed…