Hedgcorth v. Missouri Pacific Railroad

I must respectfully dissent. The majority opinion holds that the plaintiff did not make a submissible case because he knew the door was bent. Thereby, the defendants did not breach their duty to exercise ordinary care to provide a reasonably safe car and either make repairs or warn of an unsafe condition.

I do not believe that plaintiff’s knowledge of the bent door per se bars the plaintiff from submitting his case to the jury. Such a holding is tantamount to holding that the plaintiff was required to establish that he did not know and by using ordinary care could not have known of the…