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Silver (P) was a passenger on D's train in a Pullman car. D suffered from a circulatory ailment known as Raynaud's disease. During the trip, her car was detached from the train and stood for four hours in the Cleveland train yard waiting for the next train to Cincinnati. It was January 15, 1948, and the temperature in the car became too cold for her, she experienced ill effect and needed to be hospitalized. During trial P testified about discovering the car, standing in the yard, not a platform, and the station was inaccessible. She attempted to contact the porter and could not reach him. During trial, the porter was allowed to testify as to conditions in the car but was not permitted to give evidence that eleven other passengers had made no complaint. P prevailed, and D appealed.

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