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.
Procedural History:
Trial court directed verdict for D.
MA Supreme Judicial Court reversed, found for P.
Issues:
Can a P utilize circumstantial evidence to prove a case in negligence?
Holding/Rule:
A P may utilize circumstantial evidence to prove a case in negligence.
Reasoning:
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.
