Frederick v. Noyes-Roach Construction Co.

VALLÉE, J.

Appeal by plaintiff from an order granting defendant’s motion for a new trial.

The action is to recover damages for personal injuries sustained when plaintiff fell into a hole dug by defendant.

Plaintiff was employed as a machinist’s helper by Barbara Ann Bakery Company, called Barbara Ann. He had worked for Barbara Ann about a year, and worked at night. Plaintiff’s duties consisted of cleaning and maintaining machines used to wrap bread and sweet goods. Defendant was engaged in alteration and construction work for Barbara Ann at its plant. Plaintiff knew the construction work was in…