Baker v. Western & Atlantic Railroad

Speer, Justice.

This was an action brought by plaintiff in error as an employe against the defendant to recover damages resulting to the plaintiff by reason “of injuries he sustained in an injury to his eye caused by a small piece of iron or steel flying off from the” stroke of a heavy hammer upon a cleaver, striking him in his eye and becoming imbedded in the pupil or ball of his eye. He alleges that he was, at the time of the injury, holding the cleaver, and they were cutting a bar to fit on the track, and the hammer and cleaver used on this occasion were both unfit instruments to be used…