New England Telephone & Telegraph Co. v. Butler

DODGE, District Judge.

The three counts of the declaration upon

which the case went to the jury were all 'based on the Massachusetts employers’ liability act (Rev. Raws, c. 106, §§ 71-79). A fourth count *322charging liability at common law was stricken out by amendment. Each of the counts under the statute alleged injuries to the defendant in error (hereinafter called the plaintiff) by reason of the negligence of a superintendent in the employ of the plaintiff in error (hereinafter called the defendant). The first count did not specify wherein the alleged negligence of the superintendent…