September 24, 2012
Anjou v. Boston Elevated Railway Co.
Supreme Judicial Court of Massachusetts, 1911
Facts
:
The plaintiff Helen Anjou, injured herself when she slipped and fell on a banana
peel. The Plaintiff was following one of the railroad workers who was showing her how
to get to another car when she slipped. The banana peal was described as black and dry as
if it had been trampled on and been on the platform for a while.
Procedural History
:
Verdict was directed for defendant, and the case reported.
Issues
: Was the Railway Company negligent by not picking up the banana peel?
Holding (and Judgment):
Yes.
The company was negligent by not picking up the
banana peel to prevent the injury from occurring.
(Judgment for the plaintiff, normally
would have been reversed and remanded, but Defense counsel agreed to an entry of
judgment if he lost on appeal).
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