Old South Lines, Inc. v. McCuiston

HOLMES, Circuit Judge.

The appellee was awarded damages for personal injuries sustained by her, when she slipped on a banana peeling, while travelling as a passenger from Winston-Salem, N. C., to Atlanta, Ga., on a bus operated by appellant. The latter assigns as error the failure of the court below to instruct the jury peremptorily to find for the defendant. No one saw the peeling on the floor before the accident, and it is not claimed that the carrier was at fault in putting it there. The appellee recognizes the burden on her to show its presence there long enough to give the carrier a…