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)
Relevant factsFree
Alderman (plaintiff), riding for free on a B&O (defendant) train under a liability-waiving trip pass, was injured when the train derailed due to a rail break that was invisible even to a B&O inspector who had checked the track the day before. Because the pass waived ordinary negligence claims, Alderman instead sued for willful and wanton misconduct, alleging B&O used old tracks to save money and thereby risked derailment; B&O moved for summary judgment.
IssueFree
Whether a willful and wanton misconduct claim alleging that a railroad used old tracks to save money, thereby risking derailment, is sufficient to withstand summary judgment.