Louisville & N. R. v. Jones

This is an appeal from a judgment for two thousand dollars against the L. & N. Bailroad Company, in favor of appellee, Jones, as damages for injury to the sight of his eye, claimed to have been caused by the negligence of the railroad in emitting a hot cinder from one of its engines, at a road crossing, which got into Ms eye and permanently impaired his sight.

The railroad company urges several grounds for reversal, but we shall pass upon one only, and that is whether or not the lower court erred in refusing to grant a peremptory instruction for appellant upon the ground that the evidence in…