Janock v. Baltimore & Ohio Railroad

Citations

• 252 Pa. 199
• 97 A. 205
• 1916 Pa. LEXIS 593

Syllabus

<p>Negligence — Railroads — Pedestrian wallcing under bridge — Spilling of contents of cars — Res ipsa loquitur — Gase for jury.</p> <p>In an action by a pedestrian against a railroad company to recover damages for personal injuries, sustained by plaintiff while walking on a public street under defendant’s bridge, as the result of the derailment and overturning of freight ears and the spilling of their contents, the facts that the point where the derailment took place was a sharp curve and that the ordinary speed in rounding it was much less than at which the train was moving at the time of the derailment, were sufficient to justify the inference that either the tracks or cars were in a defective condition, or that the method of operating the train was faulty, and the court erred in directing a compulsory nonsuit.</p>