Devlin v. Newfell

This is an appeal from an order of an Appellate Division which reversed a finding for the plaintiff by a judge of a district court and directed entry of judgment for the defendants. The plaintiff declared in two counts, one under the employers’ liability act, G. L. c. 153, § 1, the other at common law, for an injury caused by the caving in upon him of a trench which he was digging to furnish sewer and water *281connection for a house then being constructed on the defendants’ premises. The accident happened on June 22, 1928. The judge found that on June 4, 1928, the defendant Philip Newfell, on…