Howard v. Fall River Iron Works Co.

This action was brought originally by the plaintiff’s intestate to recover for personal injuries sustained by him while in the employ of the defendant. His declaration was in two counts, the first of which was under E. L. c. 106, § 71, cl. 1, for a defect in the ways, works and machinery of the defendant. Upon his death after bringing the action, the present plaintiff, the administratrix of his estate, came in to prosecute the action. She was allowed to file additional counts, one of which (the third) was at common law, for the alleged negligence of the defendant in setting the deceased to…