Windham v. Atlantic Coast Line R. Co.

HUTCHESON, Circuit Judge.

Appellant, as a passenger, entered a coach of appellee’s train at Dothan, Alabama, at a little after noon and walked back to about the third seat. While in the act of taking her seat there, she slipped on a black ripe banana peel an inch and a half wide and from two to three inches long, sustaining serious injuries. On the trial of her action for damages she proved this and no more. Where the peel came from, who put it there, or when or how, were not shown. The crew which took eharge of the train at 9:45 that morning, the conductor and his flagman, testified that they…