This section contains the nature of the case and procedural background.

Alderman (P) sued Baltimore & Ohio R. Co. (D) for injuries that occurred from a train derailment. P was traveling on a free pass. The pass stated that D was free from all liability arising from injury to non-fare paying passengers. P charged D with negligence and amended the complaint to charge D with wanton or willful conduct after the issue of the liability statement was discussed at a pretrial conference. D moved for summary judgment on the amended complaint under Rule 56; it is undisputed that the derailment was caused by a break in one of the rails as the train was passing over the track, and that the defect which caused the track to break was one which is not visible upon inspection.

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