Graff v. United R.R. of S.F.

In the decision of this case in Department the judgment was reversed because of the instruction which appears in the latter part of the opinion upon the subject of the presumption arising from an injury to a passenger while on board a railroad car. In commenting upon this instruction the opinion contained the following: ‘ ‘ The rule of law is that where an injured passenger is riding in an unusual position, which position increases his danger, the doctrine of res ipsa loquitur does not apply and no presumption arises that resulting injury was due to the negligence of the carrier.” The,…