Harris v. Boston, Revere Beach & Lynn Railroad

The plaintiff was injured by a spark as she was upon a station platform of the defendant’s railroad. Nearby “smoke and soot and sparks” were coming from a train “and the piece of coal which went on her chest came from the smoke stack of the locomotive.” “It may have been about one half inch long and about half an inch wide.” Nothing more appeared in evidence to indicate negligence of the defendant contributing to the accident. This was not enough to require that the case be sent to the jury. The judge was right in directing a verdict for the defendant.

The mere happening of the accident did…