Mattingly v. Broderick

Action for damages for personal injury caused by plaintiff falling off a railroad car and striking his foot on a railroad cross tie lying loose on the ground where he fell. Upon a trial before a jury plaintiff recovered and defendant has appealed.

The plaintiff recovered upon the theory that defendant was responsible for the loose tie being left on the ground where it was and that defendant was negligent in permitting the tie to remain there after he knew or by the use of ordinary care could have known of its being there.

Defendant makes the point that the court was without jurisdiction to try…