Shine v. New York, New Haven, & Hartford Railroad

By the Court.

This is an action of tort to recover compensation for injuries received by the plaintiff through the alleged negligence of the defendant while he was a passenger upon one of its trains. The evidence in its aspect most favorable to the plaintiff tended to show that a little after four o’clock on a warm pleasant September afternoon he boarded a train at Taunton for Boston, and took a seat next to an open window in the smoking car, the doors and windows of which were open. He testified: “I received an injury to my eye. I felt something hit my eye. After the train began to move there…