Gibson v. Midland Valley Railroad

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover damages for injuries sustained by plaintiff to his eye caused by a hot cinder from one of defendant’s engines. The plaintiff recovered and defendant appeals.

The facts were substantially as follows: Fifth street, in Arkansas City, runs north and south. The defendant’s track crosses it from a northwesterly to a southeasterly direction. The plaintiff, with one Williams, was riding in an automobile going south on Fifth street. Williams was driving. As they came near the defendant’s' *674track they saw a train approach…