258 Mass. 524 | Mass. | 1927
There was evidence tending to show, in its aspect most favorable to the plaintiff, that, while descending a flight of stairs leading to the Central Square station of the defendant, she slipped and fell, and immediately thereafter a piece of banana peel was found underneath her shoe; that her husband, going forthwith to the place where she fell, found there a part of a banana skin, “dark or black as tar, and dry, a little dry skin, very black,” and “it was smoothed down; . . . soft . . . as if something had been pressed on it.” The defendant owned and controlled the stairway and it was open to the public.
The motion of the defendant for a directed verdict in its favor ought to have been granted. In accordance with the terms of the report, the entry may be
Judgment for defendant.