181 Mass. 3 | Mass. | 1902
If we assume that the plaintiff was a passenger, and might have rested his case by showing that the car in which he was riding was derailed, thus making out a prima facie case, he did not choose to do so, but went on and showed by his own witnesses just how the accident happened. Unless, therefore, the evidence put in by him tended to show negligence on the part of the defendant, he was not entitled to go to the jury. Winship v. New York, New Raven, & Hartford Railroad, 170 Mass. 464.
The declaration alleges that the derailment of the train was caused by reason of the defective condition of the roadbed, tracks, switches, switching appliances, signals, signal connections, and ways and works of the defendant, and that the defective condition was caused by the negligence of the defendant.
An examination of the evidence fails to show any evidence of negligence on the part of the defendant. The accident was
A carrier of passengers, while bound to use the utmost care consistent with the nature and extent of its business, is not responsible for hidden defects, which could not have been discovered by the most careful inspection. Ingalls v. Bills, 9 Met. 1. Ladd v. New Bedford Railroad, 119 Mass. 412. Readhead v. Midland Railway, L. R. 2 Q. B. 412, and L. R. 4 Q. B. 379.
A majority of the court is therefore of opinion that the first, third and fourth requests for instructions should have been given.
Exceptions sustained.