Newell v. Detroit, Toledo & Ironton Railroad

Plaintiff, while in the employ of the defendant in its railroad shops, received an injury to his eye, which resulted in the loss of it. The eye ball Was removed and a glass eye inserted in its stead. Plaintiff recovered a judgment on the theory that he was not furnished a proper tool with which to do the work in hand. The case was here after a former trial. It was pointed out what the issue of fact was to go to the jury, and the same has been tried again, resulting in a verdict for plaintiff of $25,000. The former opinion of this court will be found in 232 Mich. 528.

Defendant has assigned…