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HERDMAN V. PENNSYLVANIA R. CO., 352 U. S. 518 (1957)

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U.S. Supreme Court

Herdman v. Pennsylvania R. Co., 352 U.S. 518 (1957)

Herdman v. Pennsylvania Railroad Co.

No. 46

Argued December 4, 1956

Decided February 25, 1957

352 U.S. 518


In an action under the Federal Employers' Liability Act, brought against respondent railroad by petitioner, who was injured when a freight train on which he was a conductor made an emergency stop to avoid striking an automobile, the Federal District Court entered judgment on a directed verdict in favor of respondent. The Court of Appeals affirmed on the ground that there was a complete absence of probative facts to support the conclusion of negligence. This Court granted certiorari.

Held: a jury question of negligence (under the doctrine of res ipsa loquitur) was not presented by the proofs in this case, and the judgment is affirmed. Pp. 352 U. S. 518-520.

228 F.2d 902, affirmed.

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