Bennett v. Connery & Co.

This is an action of trespass on the -case for negligence. In the Superior Court the defendant demurred to the declaration which demurrer was heard before a justice of that court.

The declaration in substance alleges that in the prosecution of its business the defendant, through its agents and -servants, was using a piece of lumber as a staging at a height of forty feet above the ground; that beneath this staging the plaintiff, not in the employ of the defendant, was obliged to be in the performance of his work; that it was the duty of the defendant to use reasonable care in the construction…