Malone v. St. Louis-San Francisco Railway Co.

The plaintiff sues for injuries received while a passenger on one of defendant’s trains by being struck in the eye by a piece of coal or cinder. The train on which he was riding stopped at Thayer, Missouri, on a side track. Plaintiff was sitting by an open window and when another train or engine was passing turned to look out the window and was suddenly and violently struck in the eye by the coal cinder coming through this window. The defendant appeals from an adverse judgment.

The first point raised is that the plaintiff must fail in that the petition counts on specific negligence, to-wit,…