Erie R. Co. v. Murphy

HOUGH, Circuit Judge'

(after. stating the facts as above).

The uncontradieted facts adduced by both sides of this controversy presented a situation from which a jury could infer negligence. ' The ease is one of a recognized class “where the circumstances of the occurrence (causing injury) are of a character to give ground for a reasonable inference that, if due care had been employed,” what is popularly called an accident would not have happened. Central, etc., Co. v. Peluso (C. C. A.) 286 F. 661; Sweeney v. Erving, 228 U. S. 233, 33 S. Ct. 416, 57 L. Ed. 815, Ann. Cas. 1914D; 905.

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