Paquette v. Connecticut Valley Lumber Co.

The plaintiff’s testimony that, when he struck the second blow, a piece of wood struck him in the eye, taken in connection with the expert’s testimony that a heavy blow is liable to shatter a dry spruce wedge, warrants the finding that the splinter which injured the plaintiff came from the wedge; for it is improbable that the splinter came from either the steel sledge or the live tree, and it must have come from one of those three sources.

It can be found from McDonald’s own testimony that he was in charge of the defendants’ logging operations at the place where the accident happened,…