Fey v. Nashville Gas & Heating Co.

This was an action for damages for personal injuries caused by a particle of flying metal which struck plaintiff in the eye as a result of defendant’s employees cutting in the street a east-iron pipe by striking a chisel with a sledge-hammer.

It was averred in the declaration that the cutting of said pipe without guards or screens unduly exposed pedestrians and passersby to danger from flying particles of metal, and therefore the defendant was guilty of negligence in not safegarding and protecting the public against such flying metal.

Defendant pleaded not guilty.

The case was tried to the judge…