Hall v. Southern Railway Co.

(dissenting) : The rule of law, as I understand it, is that, when a passenger is injured by some instrumentality under the control of the carrier, he is entitled to recover damages upon the presumption of neglicourse, of contributory negligence, but that, where the injury has not been the result of a defect in such instrumentality, the negligence of the carrier must be established by proof.

The evidence that the plaintiff slipped on a banana peel, or that there was a banana peel in, the aisle of the coach, is by no means conclusive. The Court will take judicial notice of the fact that bananas…