Missouri Pacific Railroad v. McDade

Appellee recovered a judgment against appellant in the sum of $700 for an injury received by being struck in the eye by a hot cinder thrown or blown from one of appellant’s freight engines while appellee was a passenger sitting at an open window in one of appellant’s passenger trains. Appellant denied all allegations of negligence and that appellee was hit with a hot cinder thrown through the window of the passenger coach. It pleaded the contributory negligence of appel-lee in sitting at an open window in said coach, and that its engines both freight and passenger were equipped with the…