William J. Brennan, Jr.

“ To prevent striking automobile engineman applied air in emergency causing rough stop. I was standing in cabin observing air gauge and when stop was made knocked me to floor of cabin bruising my hip.' He also stated that the engineer had told him that there were school children in the automobile. There was no evidence that the stop was made with any special or unusual severity.
The sole issue raised is whether a jury question was presented by the evidence under the doctrine of res ipsa loquitur. We agree with the lower courts that a jury question of negligence was not presented by the proofs. ”

“ The report states: 'CN 28, Engine 8800 and 5680 moving east through Dayton, with 67 cars, at estimated speed of eight or ten miles per hour. Automobile drove over crossing just east of Dayton Rubber Works. ”