MacLellan v. Boston Elevated Railway Co.

The substituted declaration in this case contains two counts under the employers’ liability act. One alleges a defect in the ways, works, appliances and mechanism used in connection with the business of the'defendant, and the other alleges the negligence of a person in the service of the employer, whose sole or principal duty was that of superintendence.

The plaintiffs are daughters of Alexander MacLellan and seek to recover for his instantaneous death while in the employ of the defendant.

It appeared that the deceased was an experienced lineman, who had worked as such for various electric…