HOLMES, District Judge.
A jury has been waived, and this case 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...
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