Erie Railroad Co. v. Stewart
United States Court of Appeals for the Sixth Circuit
40 F.2d 833 (1930)
Relevant factsFree
Erie Railroad (defendant) had long maintained a watchman at a particular crossing to warn of oncoming trains, though not statutorily required to do so, but the watchman was temporarily away from his post when Stewart (plaintiff), a passenger in a truck approaching the crossing, was injured after Erie's train struck the truck without any warning; the district court found for Stewart, and Erie appealed.
IssueFree
Whether a company's failure to undertake voluntary but well-established security measures, when the company has created an expectation of such security measures in the public, constitutes negligence.