Walters v. B. & O. S.W. Ry. Co.

• Decision Date: 23 December 1924
• Docket Number: 18555
• Citation: 146 N.E. 75,111 Ohio St. 575
• Parties: Walters v. The Baltimore & Ohio Southwestern Ry. Co.
• Court: Ohio Supreme Court

146 N.E. 75

111 Ohio St. 575

Walters v. The Baltimore & Ohio Southwestern Ry. Co.

No. 18555

Supreme Court of Ohio

December 23, 1924

Reliance - Res ipsa loquitur pleaded by petition - Duty of court where matter well pleaded.

Mr John E. Blake, for plaintiff in error.

Mr Otto E. Vollenwelder, and Mr. John P. Phillips, for defendant in error.

BY THE COURT.

This cause was begun in the Common Pleas Court of Vinton county by the filing of plaintiff's petition, of which the following is a copy:

"The plaintiff says the defendant is a corporation duly organized under the laws of the state of Ohio, and doing business therein as a railroad company; that said defendant owns and operates a railroad running through Vinton county, Ohio; that on or about the 15th day of November, 1920, and prior thereto the defendant company had in its employ various workmen consisting of section hands, foremen, and other employees for the purpose of repairing and taking care of the tracks of said company in said county; that it also had motor cars during the period aforesaid, propelled by the use of gasoline, and other equipments for the use of said employees in such repair; that on or about the 15th day of November and in the year 1920 the said plaintiff was in the employ of said defendant company as a section hand, whose duty it was to remove decayed railroad ties from the tracks of said company in said county, and do various other work in the repair of the said company's railroad tracks incident to his duties of such section hand; that while in the performance of his duties as such section hand at the time aforesaid the plaintiff was riding along the railroad track of said defendant company in said county on a motor car of the said defendant company, and of the kind herein stated provided by it for the purpose of transporting him and other employees of said company along its said tracks to the place of their daily work on the said company's railroad tracks in said county; and that, while riding on said motor car as aforesaid along the said tracks of said defendant company the engine of the motor car on which he was then and there riding and other appliances of said car suddenly bursted, and this fact, in addition to other defective conditions of said car, caused the same then and there to suddenly jump from the railroad track and throw this plaintiff from said car, breaking two of his ribs, his arm, and injuring the bones of his shoulder, and producing many other injuries from which this plaintiff is now suffering.

"Plaintiff further states that the said disaster of the said motor car, consisting of its jumping from the track and throwing the plaintiff from the same, was produced solely from the defects of the engine of said car then and there installed and other defective equipments then and there in said car.

"Plaintiff further states that at the time of said injury and prior thereto defendant knew of said defective conditions of said car and, notwithstand- ing the knowledge of said defects, defendant permitted and required plaintiff to ride on said car at said time, and never did inform him of said defective condition of said defective car.

"Plaintiff further states at the time of receiving said injuries, and prior to and during the time he was riding on said car, he knew nothing of the defective condition of the same as herein set out, or of any other defects therein.

"Plaintiff further states that by reason of said injury he became, and will be for his natural life, lame and sick, and has been disabled from attending his work as a laborer for a period of 11 months; that he was receiving at the time of his injury as stated aforesaid $3.90 per day; and that since said injury he has incurred...