Anjou v. Boston Elevated Railway Co., Sup. Jud. Ct. Of Mass.,

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

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Nature of the Case

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Facts

Anjou (P) was a passenger who had exited a train on the upper level of the Railway Company's (D) terminal. P waited until the exiting crowd had left the platform, and then inquired of one of D's employees for directions to another car. P followed the employee along a narrow platform toward the stairway he had indicated and was injured by slipping upon a banana peel. It was described by several witnesses who examined it 'felt dry, gritty, as if there were dirt upon it,' as if 'trampled over a good deal,' as 'flattened down, and black in color,' etc. It was the duty of D's employees to observe and remove whatever was upon the platform to interfere with the safety of travelers. The lower court entered a directed verdict for D.