Consolidation Coal & Coke Co. v. Music

Opinion op the Court by

Judge Sampson

Reversing.

While at work, hewing timbers in the woods with an ordinary axe, Arch Music was injured in the leg by a cut inflicted by the axe as a result of a glancing iick made by him on the log. This action was instituted to recover damages for the injury upon the ground that the appellant company negligently furnished appellee an axe with a defective or broken handle, and required him, over his objection and protest, to use it. It is not alleged, however, that the defendant company, or its agents superior to Music, assured appellee that the axe *791was safe or…