Grebenstein v. Stone & Webster Engineering Corp.

This case was before this court in 205 Mass. 431, where the defendant’s exceptions were sustained, and it was left to the Superior Court to decide whether the plaintiff should be allowed to amend his declaration by substituting for the count at common law on which the case was tried, counts under R. L. c. 106, § 71, the act which was in force at the time of the injury complained of. The Superior Court allowed the plaintiff to amend by substituting for the count at common law a count under R. L. c. 106, for negligent superintendence, and the case came on for trial on the declaration as thus…