O'connor v. Pennsylvania Railroad

308 F.2d 911 (2nd Cir. 1962)


O'Connor (P) fell on a rugged patch of ice that was two by four feet. P also testified that there was an accumulation of two inches of wet snow on the terrace floor and that a gale was blowing snow onto the terrace which showed no traces of ice. Weather Bureau records showed that only immeasurable traces of snow had fallen or remained on the ground and that the snowstorm in question produced nine inches of snow with drifts two feet high and with winds gusting to 54 miles per hour. All the evidence presented contradicted P's contention and pointed to the fact that the snow which P allegedly fell from was the product of the snowfall raging that day. D was granted a judgment n.o.v. P appealed.