Herdman v. Pennsylvania Railroad Company (1956)
- Docket
- 46
- Decided
- 1956-01-01
- Category
- General
Summary
Question: Did Herdman present enough evidence to go to trial for a negligence claim under the doctrine of res ipsa loquitur ? Conclusion: No. In an 8-1 decision by Justice William J. Brennan, the Supreme Court affirmed the lower court’s decision. To effectively present a negligence claim under res ipsa loquitur Herdman should have shown that sudden stops, like the one that caused his injury, are unusual or extraordinary. Herdman failed to present any such evidence. Justice Felix Frankfurter dissented, stating that the Court should not grant certiorari just to reevaluate the facts of certain cases.