ProofOfNegligence_Anjou_v_BostonElevatedRailway

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Anjou v. Boston Elevated Railway, Supreme Judicial Court of MA, 1911 Was D negligent for not keeping the platform safe for passengers? Issue Reasoning
It seemed that the banana peel, from its appearance, had been on the platform for a long time and in such a position that it should’ve been seen and removed by one of the employees if they had been careful in performing their duties. Evidence does not support contention that peel was just dropped there like in Goddard.

Rule

Facts
While P was being escorted by one of D’s employees to a train car, she slipped and fell on a banana peel.

A lot of testimony from people who examined the banana peel that it was black, not a drop of yellow on it, that it was dry, gritty, and there was dirt on it. D had a duty to keep the platform reasonably safe for passengers.

There is evidence of negligence.

Held Procedure P argues D argues

Judgment for plaintiff for $1250.0 Verdict directed for D. P appeals. Consider Goddard – P slipped on banana peel – but D won the case.


				
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