Massachusetts Supreme Judicial Court July 25, 1879 (Eaton v. Inhabitants of Woburn)

Ames, J.

The only point insisted upon in the argument for the defendant is, that the plaintiff was the servant of the town, and that the injury which he sustained was caused by the neglect of some fellow-servant in omitting to remove the board over which the plaintiff fell. Upon this point are cited Farwell v. Boston & Worcester Railroad, 4 Met. 49, and other decisions of that class.