Demato v. Hudson County Gas Co.

*794The opinion of the court was delivered by

Swayzjs, J.

The plaintiff, a laborer in the employ of the defendant, was injured in the eye while striking a chisel with a hammer. He had just begun this work. The accident happened on Saturday. On Monday he was operated on, and he says a piece of steel was taken out of his eye. Pie never saw it, and did not know whether it was steel. The surgeon who performed the operation was not a witness. The claim of the plaintiff is that the head of the chisel was defective because it was scaly and battered by the continual beating of a hammer. The chisel was not…