Vanderpool v. Partridge

Good, 0.

This action was instituted in the district court for Douglas county by the appellant to recover damages for an injury which resulted in the loss of his left eye. At the close of the plaintiff’s testimony the trial court directed a verdict for the defendant, and plaintiff brings the case to this court on appeal.

Appellant alleged in his petition that, while he was employed by the appellee in cutting holes for the support of a joist in a brick Avail of a building, and while using a two pound steel hammer and a chisel made from an old rasp, a chip or sliver from the end of the rasp iieAV…