Craig v. Parkhurst

The plaintiff and defendant were walking through woodland, the defendant- in advance of the plaintiff. While so walking the plaintiff suffered an injury which resulted in the loss of his right eye, caused, he alleges, by negligence of the defendant in bending over a portion of a bush, or tree, which it appears might more properly be called a small sapling, and then allowing it to fly back and strike the plaintiff’s eye. In this tort action the plaintiff seeks damages for such alleged negligence.

Verdict and judgment were for the plaintiff and the defendant comes here on exception to the denial…