Alderman v. Baltimore & Ohio R. Co.
United States District Court for the Southern District of West Virginia
113 F.Supp. 881 (S.D. W.Va. 1953)
Alderman (plaintiff) was injured when a train owned by the Baltimore & Ohio Railroad Company (B&O) (defendant) derailed. It is undisputed that the derailment was caused by a break in the rail that was not visible upon inspection and that can occur in both old and new rails. A B&O employee had in fact inspected the rail the day before and did not find the defect. Alderman was aboard the B&O train using a “trip pass,” meaning that she was riding for free. The pass contained a disclaimer, waiving B&O of all liability for injuries sustained by pass users. The disclaimer protected B&O from a negligence claim, but Alderman also brought suit for willful and wanton misconduct. B&O moved for summary judgment.
Rule of Law
Holding and Reasoning (Moore, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 153,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,400 briefs, keyed to 183 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.