Carrier, Of passengers. Negligence. A passenger, who leaving a train walks along a station platform on which other passengers are walking ahead of him and falls by stepping on a banana skin and is injured, cannot recover from the railroad company, if it does not appear how long the banana skin had been there or how it got there.
HOLMES, C.J.
The banana skin upon which the plaintiff stepped and which caused him to slip may have been dropped within a minute by one of the persons who was leaving the train. It is unnecessary to go further to decide the case.
Exceptions overruled.