B,yalls v. Mechanics’ Mills, 150 Mass. 190, has established that the St. of 1887, c. 270, is not a bar to a recovery at common law in this action. We do not understand it to bo *354disputed that there might be a liability at common law on the facts offered to be proved. As the case may be tried, and as it was not argued for the defendant, we refrain from discussing the different possible aspects of the evidence,

jExceptions sustained.