Doby v. Layton

The suit is by an employee or servant against his employer or master to recover damages for personal injury. The case went to the jury on counts 2, 3, and 4 of the complaint and plea of the general issue. All counts ascribe the injury to the falling of a scaffold on which plaintiff was standing while in the performance of his duties in the erection of a building.

Count 2 charges the injury to the negligence of one Savage, intrusted with superintendence “over said work and over plaintiff,” and avers that “said Savage, while in the exercise of such superintendence, * * * negligently caused or…