Costa v. Krivitsky

This is an action of tort to recover for personal injuries which the plaintiff, an employee of the defendant, alleged he sustained in lifting a barrel of horse manure upon the running board of an automobile. The declaration alleged in the first count that the defendant was not a subscriber under the workmen’s compensation act as he was required to be and that the plaintiff was injured in the course of his employment, and in the second count that the plaintiff was injured by reason of negligence of the defendant. The jury returned a verdict for the defendant on the first count and for the…