Merrill v. Wallingford

This is a common law action of tort instituted by the plaintiff to retrieve his damages for personal injuries and their consequences, sustained by him whilst working as a mechanic for the defendant. The Workmen’s Compensation Act does not apply since the defendant has but two employees. R. S. (1954), c. 31, § 4; P. L., 1957, c. 343.

At the close of the plaintiff’s evidence the defendant moved for a directed verdict. The motion was denied. Defendant excepted to such a ruling and now prosecutes his exceptions.

The plaintiff had complained that the defendant without heed to his duty had…