Chappell v. Morris & Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action for compensation for personal injuries under the workmen’s compensation act. The court sustained a demurrer to plaintiff’s evidence and he has appealed.

The evidence tended to show that on or about July 15, 1921, the plaintiff, while working for defendant, met with an accident to his eye. He was breaking a drum of lye by striking it with a sledge hammer, when a small piece of the lye flew up into his eye. He went to the nurse at the plant, who treated the eye and bandaged it. He told the nurse, “I am going home until this…