Middleton v. National Box Co.

HOLMES, District Judge.

A jury has been waived, and this ease by consent of the parties submitted to the court for decision on the law and the facts.

The plaintiff was employed in a box factory of defendant. He claims that a chisel among other tools was furnished him by his employer with which to do his work; that the chisel was made by the defendant of material which it knew, or ought to have known, was unsuitable for the purpose, and which rendered the tool, not only defective, but dangerous, to any employee who should use it as the plaintiff was required to do in the performance of his…