Neil v. Flynn Lumber Co.

Lynch, Judge:

The plaintiff was injured while in the service of the defendant. He seeks to recover damages for the injury, a broken leg, thus sustained. The first count of the declaration alleges an express contract whereby the company, in consideration of monthly deductions of fifty cents from plaintiff’s wages, undertook and agreed in event of sickness or accident to furnish for plaintiff’s treatment a skillful physician and surgeon; that, in pursuance thereof, but disregarding the undertaking and agreement, it did provide a competent surgeon to adjust and protect the fracture, but…