Kennedy v. Merrimack Paving Co.

This is an action of tort for personal injuries sustained by the plaintiff while in the employ of the defendant. The declaration contained three counts. At the trial in the Superior Court the plaintiff elected to proceed upon the second and third counts. The second count was at common law for being set to work in an unsafe place. The third count was under the St. of 1887, c. 270, § 1, cl. 1, and alleged a defect in the condition of the ways, works or machinery. At the close of the evidence for the plaintiff, the judge directed a verdict for the defendant, and the case is before us on the…