Yazoo M.V.R. Co. v. Hawkins

Appellee was a passenger on one of appellant’s trains, and, while attempting to alight in the usual manner at his destination, he slipped and fell from the platform of the passenger coach, and was injured. In his declaration he alleges that he slipped on a banana peeling which appellant had permitted to be on said platform where passengers alight from the train.

In his testimony in chief appellee does not assert that he slipped on a banana peeling; he asserted only that he slipped and fell down the platform steps. The further testimony of appellee was: That, when he fell, he was caught or…