Texarkana & Fort Smith Railway Co. v. O'Kelleher

GARRETT, Chief Justice.

This action was brought by Martha O’Kelleher against the Texarkana & Fort Smith Railway Company to recover damages for the loss of an eye caused by a cinder escaping from a locomotive engine running upon the defendant’s railway. The case'was tried by a jury and resulted in a verdict and judgment in favor of the plaintiff for the sum of $560.

Plaintiff was standing on the gallery of a residence situated ninety-seven feet from the defendant’s railway track and just .outside of its right of way. A shower of cinders escaping from an engine passing along the track and…