Lynch v. Allyn

This is an action for personal injuries sustained by the plaintiff, while in the employ of the defendant, by reason of the falling upon him of a bank of earth. The declaration contained three counts, the first at common law, the second under the St. of 1887, c. 270, § 1, cl. 1, and the third under § 1, cl. 2, of the same act. At the trial the plaintiff elected to proceed under the last two counts. The case was submitted to the jury, who returned a verdict for the plaintiff, and the case comes before us on the defendant’s exceptions to the refusal of the presiding judge to give certain rulings…