Homework Assignment for Module 3 Case brief PDF

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TITLE: Goddard v. Boston & Me. R. R. Co. 1901 FACTS: P was getting off from a train, slipped on a banana peel and sustained personal injury. On the railroad platform, there were many passengers. PROCEDURAL HISTORY: The trial court ruled defendant is liable. Boston railway company appealed. ISSUES: Is placed of banana peel on the ground which can cause harm to passengers enough to ask D’s liability for negligence? HOLDING: No. RATIONALE: Railroad company is not liable because the banana peel many have been dropped by other passenger who passed and left platform. RULE: D would not be liable for negligence of the banana peel if the banana peel may have been dropped by other passenger who passed and left platform.

TITLE: Anjou v. Boston Elevated Railway Co. 1911 FACTS: (1) P arrived on one of D’s car and asked by one of D’s employee to the direction of another car. (2) When following him, P was injured by slipping on a banana peel. The condition of banana peel was black with no yellow, dirty, flattened as if it was trampled over a certain period of time. (3) It was one of duties of employees of the D, to observe and remove whatever was upon the platform to interfere with the safety of travelers. PROCEDURAL HISTORY: The trial court ruled defendant is not liable. MA Supreme Judicial court overruled. ISSUES: Is condition and appearance of banana peel (evidence) can affect determining D’s liability for negligence? HOLDING: Yes RATIONALE: (1) The condition and appearance of banana peel showed it had been on the ground at the platform for a considerable period of time. (2) There was sufficient period of time which means as per D’s employee’s duties, removing and cleaning for safety should be performed. (3) It is concluded that banana peel may have been dropped in certain period of time and it is D’s duty to keep the controlled area safely for passengers. RULE: D has liability of negligence if the circumstances, such as condition and appearance of banana peel was proved.

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TITLE: Mascary v. Boston Elevated Ry. Co. FACTS: (1) P slipped and fell on a banana peeling on stairway owned by D, and open to public. (2) The condition of banana peeling was black, dry and smoothed down. PROCEDURAL HISTORY: The trial court ruled defendant is liable. Jury verdict was for plaintiff. Judge in MA Supreme Judicial Court overruled. ISSUES: If a banana peel showed its appearance and condition as considerable period of time, is this sufficient to prove D is negligent? HOLDING: No. RATIONALE: (1) The banana peel may have been dropped a moment before by a stranger to the D, or have come upon the stair without fault of D. (2) The sole factor that condition of very black banana peel can’t prove D’s failures of keeping safety on controlled area. RULE: D would be liable for negligence if the banana peel may have been placed with certain period of time as its appearance and condition suggest and additionally, an employee was present and assigned D’s duty to keep the controlled area safely for passengers. TITLE: Scaccia V. Boston Elevated Ry. Co. 1944 FACTS: (1) P was boarded to D’s motor bus, slipped on a banana peel on the ground while departing and sustained personal injury. (2) Placed banana peel looked all black, covered with sand, dray and gritty looking. (3) There were only three passengers, and the bus was final station of the line operated by one man. PROCEDURAL HISTORY: The trial court ruled defendant is not liable. MA Supreme Judicial court overruled. ISSUES: If a banana peel showed its appearance and condition as considerable period of time and area is controlled by D, is D liable to negligent? HOLDING: Yes RATIONALE: (1) There were only three passengers on a bus and in ordinary event, no passengers would carry banana peel onto a bus. (2) The condition and appearance of banana peel showed it had been on the ground at the platform for a considerable period of time. (3) The bus stop was the final station and bus was controlled by a D’s company where maintenance and cleaning would be happened. RULE: D would not be liable for negligence of the banana peel if the banana peel showed its appearance and condition as certain amount of time, there were D or D’s employee present and no other passengers could have dropped it.

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