Carney v. Boston Elevated Railway Co.

The plaintiff was injured while she was riding in an open surface car beneath the defendant’s elevated structure. She heard the rumble of an elevated train over her car, “saw the sparks flying,” looked up and was struck in the eye by a spark, which could be found to have been a minute piece of hot iron, about as large as the point of a pin, coming from the elevated road, and, as we assume, from the contact shoe of the train which wad passing thereon. The structure was properly in the street and the defendant was authorized to operate its road by electricity. There was no evidence that it was…