Upton v. Conway Lumber Co.

The plaintiff’s intestate was forty-eight years old and had been employed by the defendant for some years as a common laborer. About a month before the accident he began to operate a splitting-saw, which was used by the defendant to skive the ends of car stakes. While engaged in this work he was struck by a stick thrown from the saw and died ten weeks later as a result of his injury.

The defendant claims to be entitled to a directed verdict (1) because Seeley in his lifetime released the defendant from all liability on account of the accident, (2) because there is no causal connection between…