Lead Opinion
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the circuit court be, and the same is hereby affirmed.
DAVIS, C. J., and WHITFIELD, TERRELL and BUFORD, J. J., concur.
Concurrence Opinion
The declaration does not allege that plaintiff, a carpenter, was inexperienced or otherwise unable to comprehend that conditions might exist with respect to the boards he was furnished to nail on, that would likely lead to the happening that occurred, namely, that in attempting to drive a nail in an unyielding part of one of the boards it might fly, when struck, into plaintiff's eye. Matters of this kind, appearing on the face of a declaration, render it demurrable. Long v. Pughsley,