Anjou v. Bos. E. R. Co.

208 Mass. 273, 94 N.E. 386 (1911)

 

RULE:

The obligation rests upon defendant railway company to keep its station reasonably safe for its passengers.

FACTS:

Plaintiff passenger was injured while being escorted to one of defendant's  cars by one of defendant's employees. Plaintiff slipped on a banana peel. The passenger filed an action for damages against the defendant. The trial court entered a directed verdict in favor of defendant, but submitted the case to the state supreme court for a determination with an alternative judgment if evidence of negligence was found.

ISSUE:

Is a railroad company considered negligent and in breach of its duty of care by not keeping its platforms free of debris?

ANSWER:

Yes

CONCLUSION:

The state supreme court entered judgment in favor of passenger after witness testimony indicated the banana peel had been on the platform for some time before the passenger slipped on it. The court determined this was evidence of negligence that should have been submitted to the jury as defendant had an obligation to keep its station reasonably safe for passengers and the testimony regarding the banana peel's condition was evidence that defendant may not have performed its duty.

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