[DOWNLOAD] "Bubar v. Bernardo" by Washington Supreme Court of Maine # eBook PDF Kindle ePub Free

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eBook details

• Title: Bubar v. Bernardo
• Author : Washington Supreme Court of Maine
• Release Date : January 21, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The plaintiff brings this case to the Court on an exception to the ruling of the justice presiding in the Trial Court in ordering a nonsuit. On the record it would have been necessary, had the issue been submitted to a jury, for findings to have been made that the plaintiff, as an employee of defendant, on September 8, 1938, while operating a jack hammer in defendant's quarry, where six or more persons were regularly employed, suffered an eye injury from a chip of steel or iron which flew either from a hand hammer which he was wielding to remove a bit from the rod of the jack hammer or from the bit itself, or that the question as to whether it came from the one or the other was uncertain. The extent of the damage is not presently material, but as a result of the injury, the plaintiff lost the sight of his left eye where the chip struck. Necessary findings also, bearing in mind that there was no denial of any of the statements made in the plaintiff's testimony, would have been that the hammer was a home-made one; that it was defective; that the plaintiff had called the attention of defendant's foreman and general manager (described in the testimony as ""the big boss"") to the defect; and that undertaking had been made by an agent of the defendant, possessing authority, to fix it up or furnish another one.

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