George S. Weigand v. Pennsylvania Railroad Company, a Corporation

McLAUGHLIN, Circuit Judge.

In this Federal Employers’ Liability action the single point on appeal is whether the trial court erred in denying plaintiff’s request to charge res ipsa loquitur.

Plaintiff, employed as a freight conductor by the railroad defendant, while walking from the Wilkinsburg, Pennsylvania, yard office of the defendant across its property towards his train, stepped into a space between intervening railroad tracks. As he did the ground beneath him suddenly gave way and he fell into a circular hole about three feet in diameter and from five to six feet deep. He sustained…