Bubar v. Bernardo

The plaintiff brings this case to the Court on an exception to the ruling of the justice presiding in the Trial Court in ordering a nonsuit.

On the record it would have been necessary, had the issue been submitted to a jury, for findings to have been made that the plaintiff, as an employee of defendant, on September 8, 1938, while operating a jack hammer in defendant’s quarry, where six or more persons were regularly employed, suffered an eye injury from a chip of steel or iron which flew either from a hand hammer which he was wielding to remove a bit from the rod of the jack hammer or from…