DUNCAN, J.
On September 26, 1961 the plaintiff was employed by the defendant in constructing forms for cement, in the construction of the Hopkinton dam. He was working upon one of the forms at a height of approximately thirty feet when it commenced to "tip out" and he "jumped to avoid getting killed," landing upon his feet on rock and fill below. He was thereafter taken to a doctor, returned to work, was sent home, and remained there for the following day. He then...
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