Benson v. Manhattan Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtO’Gorman, J.
Plaintiff sued to recover damages for personal injuries sustained in consequence of slipping upon a banana peel lying upon the stairway of defendant’s station. The accident occurred in midday, and the case is .without a scintilla of evidence as to how long the banana peel was upon the stairway previous to the occurrence. To hold the defendant liable, under such proof, is to make the defendant an insurer of the safety of its passengers. This is not the law. It does not appear that the defendant had notice of the existence of this obstruction upon the stairway, nor that it had time or…
2Cited by10 opinions
- Davis v. South Side Elevated RailroadIllinois Supreme Court · 1920
- Ensley Holding Co. v. KelleySupreme Court of Alabama · 1934
- Picou v. Kansas City Public Service Co.Supreme Court of Kansas · 1943
- Mrs. Gladys B. White v. Sears, Roebuck and Company, a CorporationCourt of Appeals for the Fourth Circuit · 1957
- Hall v. Southern Railway Co.Supreme Court of South Carolina · 1931
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