Yoos v. Third Avenue Railway Co. — 234 N.Y. 567

Majority

p. 567

Henry Yoos, an Infant, by Henry Yoos, His Guardian ad Litem, Respondent, v. Third Avenue Railway Company, Appellant.

Headnote

Negligence — railroads — injury to eye of child from spark from drill used in repairing tracks.

Yoos v. Third Avenue Railway Co., 197 App. Div. 936 , affirmed.

(Argued October 10, 1922;

decided October 27, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for personal injuries alleged to have been sustained by the infant plaintiff on the 13 th day of April, 1917, by reason of the defendant's employees negligently and carelessly repairing the tracks of its railway on One Hundred and Third street and Third avenue and. by reason of their negligence and carelessness in operating

p. 568

a certain drilling device with a torch attached to it. It was alleged that while the infant plaintiff was being wheeled across the car tracks on the north crosswalk, and while on the north-bound tracks, one of the defendant’s employees operating the aforementioned torch and drilling machine, suddenly without warning caused the same to start, causing sparks to fly around, one of which entered the left eye of the child, causing the loss of sight of his said eye.

Alfred T. Davison and E. Crosby Kindleberger for appellant.

Milton Speiser and Joseph Speiser for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.