Torts I, Page 244

Anjou v. Boston Elevated Railway Co.

Supreme Judicial Court of Massachusetts, 1911

Facts:

Plaintiff rode one of defendant's cars and was waiting on the platform. She asked defendant's employee where to go for another car, and he began to show her. Plaintiff slipped on a banana peel while following. Evidence showed that the banana peel had been left there a significant amount of time.

Procedural History:

Verdict directed for defendant.

Issue:

What duty does a station have to it passengers about hazards others have left?

Rule:

Bell:
  • A business owner must maintain the premises in a reasonably safe condition
  • A business owner must make inspections of the premises and remove any hazardous conditions
    • May be satisfied by a posted warning

Reasoning:

The banana peel had clearly been left there for quite a while. A reasonably careful employee would have seen and removed it.

Rule/Holding:

A station owner has a duty to keep its station reasonably safe for its passengers.

Judgment:

Judgment for the plaintiff for $1,250 with costs.