Martinuzzi v. Capitol Marble & Tile Co.

This is a petition under general laws 1938, chapter 300, article II, §12, as amended by public laws 1941, chap. 1056, for compensation for a specific injury to petitioner’s right eye. From a decree of the superior court denying and dismissing his petition he has appealed to this court. Under such appeal he contends that the trial justice erred in holding that the undisputed facts in evidence were not sufficient to bring his injury within the purview of §12 (d).

Those facts are that petitioner was injured on April 13, 1950 when a chisel which he was using in his work as a marble setter broke,…