Schwartz v. City of New York

While the infant plaintiff was sitting with her mother upon a bench in a park in the borough of The Bronx in the city of New York, a piece of burning newspaper was blown in a gust of wind against her face, and the child sustained some injuries. It appears that an employee of the city had set fire to the newspaper and to some other rubbish which he had collected. Thereafter these actions were begun against the city.

The evidence is sufficient to sustain the verdict of the jury that the injuries to the child were caused by an employee of the city. The verdict of the jury was set aside upon the…