Ness Ex Rel. Ness v. H. M. Iltis Lumber Co.

This is a law action in two counts to recover for loss of the right eye of Howard Ness, age six, who was struck in the eye by a row of staples ejected from a Bostitch stapler a carpenter named Smith was using to attach tile to the ceiling of the Ness home. Defendant H. M. Iltis Lumber Company sold the tile and staples and furnished the stapler for use in attaching the tile. The first count is brought by the boy’s father as next friend to recover damages resulting to the boy, whom we call plaintiff. The second is by the father to recover hospital and medical expense for treatment of the…