Abalas

Appeal from a judgment in favor of the plaintiff and from an order denying to defendant a new trial.

The plaintiff suffered personal injuries while at work for the defendant in digging a trench for the laying of sewer-pipe. He alleged in his complaint that he was employed by the defendant and earning $2.25 per day as a common laborer at the time he suffered his injuries, and that he was at work in the performance of his duty at the bottom of the trench, which was about fifty-five feet deep, when defendant’s foreman negligently caused brick to be placed near the opening and immediately above where the plaintiff was at work; that one of the brick being dislodged fell and struck the plaintiff on the head. This allegation followed: “That by reason of the negligence and carelessness of defendant as hereinbefore set out plaintiff was hurt in his health, strength, and activity, and received a profound shock to his nervous system and received a fracture of the skull, and plaintiff is informed and believes and upon such information and belief states that the injury to his head is permanent and that he will never regain his former health, strength, and activity, and that plaintiff has lost…