Anjou v. Boston Elevated Railway Co.
Supreme Judicial Court of MA - 1911
- P arrived on one of D's cars. P asked one of D's employees the direction to another car.
- While following him, she slipped and fell on a banana peel. The peel felt dry, gritty, and dirty as if it were trampled over a good deal. It was black with no yellow.
- It was one of the duties of D to observe and remove whatever was upon the platform to interfere with the safety of travelers.
- Trial court directed verdict for D.
- MA Supreme Judicial Court reversed, found for P.
- Can a P utilize circumstantial evidence to prove a case in negligence?
- A P may utilize circumstantial evidence to prove a case in negligence.
- The inference might have been draw from the appearance and condition of the banana that it had been on the platform for a long time.
- If it had been there for a long time, it should have been seen and removed by the D's employees if they had been reasonably careful in performing their duties.
- Thus, there is something on which to base a conclusion that it was not dropped a moment before it was slipped upon.
- The obligation rested upon the D to keep its station reasonably safe for its passengers.