Flaherty v. Massachusetts Bay Transportation Authority

This is an action to recover for personal *766injuries sustained when the plaintiff stepped on a bottle and fell at the defendant’s elevated station. The judge did not err when he allowed the defendant’s motion for a directed verdict. There was insufficient evidence to warrant the submission of the case to the jury on the issue whether the bottle was present for such a length of time that the defendant’s employees, in the exercise of reasonable care, should have discovered and removed it. Oliveri v. Massachusetts Bay Transp. Authy. 363 Mass. 165, 166 (1973). There was nothing to show that the…