Fitzmaurice v. Boston, Revere Beach & Lynn Railroad

It was undisputed at the trial that the plaintiff while a passenger on a train of the defendant and in the exercise of due care suffered personal injuries from a derailment of the car caused by the breaking of an axle. The plaintiff asked the trial judge to rule as follows:

“4. The doctrine of res ipso loquitur applies to this case. It applies in the case of an unexplained accident which in the ordinary experience of mankind would not have happened without fault on the part of the defendant.”

“8. The plaintiff having shown the derailing of the car, this fact until explained by the defendant,…