Ringhiser v. Chesapeake & Ohio Railway Co.

The petition for certiorari is granted, and the judgment is reversed and the cause is remanded. The trial judge set aside the jury verdict for the petitioner because, inter alia, it was held that the respondent “had no duty to anticipate that a car was being used for such a purpose.” There was evidence, however, as the trial court found, that to respondent’s knowledge employees used gondola cars for the purpose. In that circumstance there were probative facts from which the jury could find that respondent was or should have been aware of conditions which created a likelihood that the…