Glassmeyer v. Pennsylvania Railroad
Glassmeyer v. Pennsylvania Railroad
Opinion of the Court
The plaintiff appeals from a verdict directed by the court in favor of the defendant. The complaint shows that the plaintiff, a commuter on the defendant’s road while waiting to board a train at the defendant’s station, was negligently injured by reason of the improper operation of the defendant’s train known as the “preference freight,” or because of the improper maintenance of the tracks and roadbed on which the freight train was running.
The plaintiff proved that his injuries were occasioned by the derailment of part of the “preference freight” and by the demolishment of the railroad station. The court, in denying a motion for a nonsuit, treated such proofs as constituting a prima facie case of negligence. 10 Corp. Jur. 1036.
The hypothetical question propounded to an expert witness called by the defendant possibly offended the rule laid down in Shoemaker v. Elmer, 70 N. J. L. 710; 58 Atl. Rep. 940. Even so, the judgment should not be reversed since evidence properly admitted and uncontradicted demonstrated that the accident was due to a latent defect not discoverable by the exercise of reasonable care under the circumstances.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.