Hotenbrink v. Boston Elevated Railway Co.

There was evidence for the jury of the plaintiff’s due care, and we do not understand that the defendant contends to the contrary. The sole question here is that of the defendant’s negligence, involved in the presence of some tobacco spit of the size of a silver dollar or half dollar on the rear step of the car.

Even if it be assumed that the presence of tobacco spit would produce a slippery condition on the car step, the plaintiff was bound to show that the defendant’s conductor knew it was there, or by the exercise of the care owed to the plaintiff would have seen and removed it.

There is no…