Kennedy v. Spring

This is an action of tort, for personal injuries sustained by the plaintiff while in the defendant’s employ, by reason of his falling from a staging upon the roof of a house, which staging was put up for the purpose of building a chimney. *204The declaration contained two counts, the first at common law, and the second under the St. of 1887, c. 270, § 1, cl. 1. At the close of the evidence, the judge who presided at the trial required the plaintiff to elect upon which count he would proceed. The plaintiff elected to proceed upon the first count. The judge thereupon, at the request of the…