Searles v. . Manhattan Railway Company
New York Court of Appeals
This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff was riding upon a ear on the street under defendant’s elevated road, in the city of New York, when a hot cinder fell from a locomotive'passing overhead, and struck him in the eye.
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This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff was riding upon a ear on the street under defendant’s elevated road, in the city of New York, when a hot cinder fell from a locomotive'passing overhead, and struck him in the eye. The following is the mem. of opinion: “ There was sufficient evidence to show that the plaintiff’s eye was injured by a cinder lodged therein; that the cinder came from a locomotive upon defendant’s railway, and that the plaintiff was free from contributory negligence. But there was an utter…
1Opinion of the Court
Earl, J.,
reads for reversal and new trial.
All concur, except Danforth, J., dissenting, and Sapallo, J., taking no part.
J udgment reversed.
2Cited by129 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
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