Payne v. Louisville Ry. Co.

Opinion of the Court by

Chief Justice Fulton

Affirming.

This action was filed to recover damages for injuries sustained by the appellant, William H. Payne, when two-windows of a streetcar in wliicb be was riding broke and showered him with glass.

Counsel for appellant in Ms opening statement to the jury stated in substance: Payne “boarded the car just as a storm or thunder shower and wind began. * * * Just as they got at or near Second and Chestnut Streets * * * two adjoining side windows on the left side of the car broke and pieces of glass from those windows struck Payne in the face.”

Counsel…