McRae v. New York, New Haven, & Hartford Railroad

This is an action of tort to recover for personal injuries caused to the plaintiff by a fall. The declaration contained three counts, the first at common law, and the second and third under the employers’ liability act. R. L. c. 106, § 71. The jury found for the defendant upon the first count, and for the plaintiff upon the second and third. The case is before us upon the defendant’s exceptions.

One of the questions raised is whether the judge should have ruled as requested by the defendant that the plaintiff could not recover upon either the second or third counts. Upon this it appeared that…