Missouri, Kansas & Texas Railway Co. v. Mitchell

STEPHENS, Associate Justice.

This appeal is from a verdict and judgment in appellee’s favor for $1500, recovered as damages for the loss of his left eye. He had just bought a ticket over appellant’s^ road to Pottsboro, and was standing on the platform of the depot at Denison, waiting for the passenger train, when, according to his testimony, a passing engine threw a shower of hot cinders on him, one or two of which struck him in the eye and finally put it out. The testimony offered by appellant, though circumstantial, tended to prove that" no cinders had been thrown on appellee, or at least…