New York, Chicago & St. Louis Rd. Co. v. Biermacher

The requests of plaintiff in error, in writing, to charge before argument, the refusal of the court to give such charge, and the language of the court in his general charge, excepted to, raise the question whether the doctrine of res ipsa loquitur, is applicable to a case involving the liability of an employer to an employee under the federal Employers’ Liability Act (U. S. Comp. St. Sections 8657-8665).

"Were this an open question we would find it difficult to distinguish the inapplicability of the doctrine to an action of a servant against a master from the applicability of the doctrine to…