Nolen v. Halpin-Dwyer Construction Co.

This is a suit for personal injuries. The plaintiff was employed by the defendant in a rock quarry. It was his duty to break up the rock into small pieces, and for this work he used a hammer or sledge, the head of which was flat or rounded on one end and shaped like a hatchet on the other. The flat end was used for the purpose of breaking thin strata of rock, but the sharp end was used for splitting stone which was too thick to be broken otherwise. Plaintiff was an experienced servant and understood the use of the tool in question. The evidence most favorable to the plaintiff indicates that…