McNaier v. Manhattan Railway Co.
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Tyler McNaier against the Manhattan Railway Company to recover damages for injury to plaintiff’s eye, caused, as alleged, by a hot cinder falling from an engine on defendant’s elevated railway in the city of New York.
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Appeal from circuit court, Westchester county. Action by Tyler McNaier against the Manhattan Railway Company to recover damages for injury to plaintiff’s eye, caused, as alleged, by a hot cinder falling from an engine on defendant’s elevated railway in the city of New York. The court, in its charge, said to the jury: “It was the duty of this railroad company * * * to construct its smoke-stack, to construct its ash-pans, and to guard them properly, so as to reduce the probability of accidents, or the possibility of accidents, * * * to the least possible practical minimum point.” There was a…
1Opinion of the CourtPbatt, J.
The objection of defendant to the use of a skull to explain to the jury the nature of plaintiff’s injuries is not well taken, nor was the objection to the exhibition of the surgical instruments, by which the operation was performed, valid. The examination of the plaintiff in presence of the jury to see if pus continued to exude from the wound was not objectionable. The object of a trial being to acquaint the jury with the truth of the case, it is not perceived-how any of these means, useful for that purpose, could injure the appellant. To suppose that the sight of a skull and the instruments,…
2Cited by5 opinions
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