Pittsley v. Allen

The amended declaration is in three counts, one for the negligent injury and conscious suffering of the plaintiff’s intestate, an employee of the defendant in harvesting ice, and two others apparently based upon G. L. (Ter. Ed.) c. 229, § 7, for negligently causing the death of the plaintiff’s intestate. Neiss v. Burwen, 287 Mass. 82. The facts appear in the report of an auditor whose findings of fact were to be final.

The defendant was not insured under the workmen’s compensation act, and consequently cannot rely upon contributory negligence, voluntary assumption of risk, or the fellow…