Before the High Court, Benin the respondent claimed against the appellant company the sum of N100,000.00 being special and general damages suffered by him in the loss of his left eye as a result of the injury he sustained in the course of his employment with the appellant, due to its negligence.

Issues were joined by the parties in an amended statement of claim and an amended statement of defence.

The respondent testified that on the 13th day of October, 1980 while he was in the course of his employment with the appellant chiseling a wall being built by the appellant an object entered his left eye and damaged it. He received treatment in Auchi Specialist Hospital and Benin Central Hospital for months and eventually lost the eye and was fitted with an artificial eye. He said that the accident happened because of the negligence of the appellant in not providing him with any protective shield. P.W. 1 Dr Daniel Ofarm was the specialist who treated him in the Central Hospital Benin. He testified in detail the nature of the injury the respondent received and how he lost the eye. P.W. 2 Musa Shaibu Daudu the son of the respondent confirmed the father's injury -and narrated how he reported to the appellant and expended money on the respondent's treatment.

The appellant called only one witness in the person of Osabuohien Asemota, the General Manager of the appellant company. He testified that the appellant was not negligent and that the respondent had eye trouble prior to the alleged accident which did not take place in the course of his employment.

The learned trial Judge reviewed the evidence of the parties and gave judgment for the respondent and awarded N10,000.00 general damages against the appellant. Aggrieved by that decision the' appellant has appealed to this court.