Boyle v. Mallory Steamship Co.

Headnote

Boyle v. Mallory Steamship Co., 173 App. Div. 936 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have beep, sustained by plaintiff through the negligence of defendant. The complaint alleged that while plaintiff was a passenger on one of defendant’s vessels it negligently permitted soot and cinders to be emitted from the urnoke stack and that a particle entering plaintiff’s eye caused inflammation resulting in loss of sight.