Goddard v. Boston & Maine case brief summary
F: [P, a passenger who had just arrived, fell upon a banana skin lying upon the D’s platform, and injured.] There was evidence that there were many passengers on the platform.
Verdict for D, and P appealed.
I: whether one is not liable for negligence when the injury is arisen out of hindrance which doesn’t reasonably allow the other party the time to clear rather than it is brought by not performing one’s duty.
R: One is not liable for negligence when the injury is arisen out of hindrance which doesn’t reasonably allow the other party the time to clear rather than it is brought by not performing one’s duty.
No evidence of how long banana was there
A: Banana skin upon which the P stepped and which caused him to slip may have been dropped within a minute by one of the persons who was leaving the train.
C: affirmed
Can always convert from duty to breach of duty...
F: [P, a passenger who had just arrived, fell upon a banana skin lying upon the D’s platform, and injured.] There was evidence that there were many passengers on the platform.
Verdict for D, and P appealed.
I: whether one is not liable for negligence when the injury is arisen out of hindrance which doesn’t reasonably allow the other party the time to clear rather than it is brought by not performing one’s duty.
R: One is not liable for negligence when the injury is arisen out of hindrance which doesn’t reasonably allow the other party the time to clear rather than it is brought by not performing one’s duty.
No evidence of how long banana was there
A: Banana skin upon which the P stepped and which caused him to slip may have been dropped within a minute by one of the persons who was leaving the train.
C: affirmed
Can always convert from duty to breach of duty...
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