Goddard v. boston

Tea Co. Hence, while melting ice cream alone does not warrant an inference that enough time has passed, Beach v. Gallagher v. See Foley v. Woolworth Co. Compare Caro v. The time element may be proved by direct evidence but ordinarily the plaintiff has no recourse except to try to establish the proof by circumstantial evidence. This evidence usually consists in principal measure of a description of the foreign substance. So, in the case before us, the plaintiff contends that she has shown by circumstantial evidence that the defendant had a reasonable time to discover the foreign substance.

The evaluation of such circumstantial evidence is frequently, and unavoidably, a difficult and hairsplitting task. Thus, where the plaintiff slipped and fell on a banana peel, it was held that an inference of negligence was not warranted, since the peel might have been dropped only a moment before by another visitor. Goddard v. However, where there was evidence that the banana peel was dry, gritty and dirty, flattened down and black in color, and appeared to have been trampled over a good deal, it was held that an inference could be drawn that it was there for a long enough time so that the defendant should have seen and removed it.

Anjou v. Boston Elev. In other cases where the foreign substance was animal or vegetable matter with commonly known decay characteristics, the rule of the Anjou case, supra, was held to permit recovery, e.

Beattie Co. Economy Grocery Stores Corp. But in still other cases the inference of negligence was not permissible despite the fact that the organic matter was described as decayed. Renzi v. Uchman v. Polish Natl. Home, Inc. Kelleher v. Dini's, Inc. In the Kelleher case, supra, we required that the organic matter not only be described as decayed, but that it also be "in a place where the defendant's employee or employees should have seen it. The Uchman case, supra, declined to allow the Anjou case to be controlling.

Where the nature of the substance is not known and there is no way to know if it turns black with time, or where the effect of time is not obvious or remains unproved, no inference is warranted that the substance has been on the ground or floor long enough to have been seen and removed, despite the fact that it is described as dirty or black.

Beach v. Kresge, Mass. Mandigo v. Hamid Amusement Co. DiAngelo v. United Mkts. Homsy v. John Hancock Mut. Life Ins. Whynaught v. Leary v. Jordan Marsh Co. Foley v. Hotel Touraine Co. Cheverie v. Tatassit Bathing Beach, Inc. Negligence, In railroad station, Railroad. Page In an action against a railroad corporation by a passenger, who, when walking along the platform in a terminal railroad station to take a train for which he had purchased a ticket, was injured by falling over a portable step, of the kind usually placed on the station platform for the use of persons entering or leaving Pullman cars, that had been left unguarded and had been allowed to become displaced so as to be for some moments in the path of passengers on the way to their trains, it is a question for the jury whether the defendant was negligent in allowing the step to get out of place.

If, in such an action, it appears that the care of the use of such steps on the station platform was left by the defendant to the servants of the Pullman Company, the defendant is responsible for their negligence which results in harm to its passengers. The case was submitted on briefs. Hurlburt, B. Hall, for the defendant. Crawshaw, for the plaintiff. To continue reading.

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Payne, 13 App. Regan v. Hale v. Patrick v. Deziel, Mass. William had been encouraged to learn the shipbuilding business, but there is no indication that either of his sons received that same encouragement.

In his pursuit of success, and driven by his dominant nature, he preferred to achieve his goals singlehandedly. For the most part, however, his agents in foreign ports were relatives. His agent in Valparaiso, George J. Foster, was not a family member; but for many years, was his most respected and honored employee. Before his death in , current events were bringing his career to an end.

The age of sail, like his life, was at an ebb, and his business had suffered losses through claims that were so legally entangled, his estate would not be settled until sixteen years after his decease. Historically, we can see the excellence of this man, his skill and astuteness. His contribution to the maritime history of the Ports of Boston, New York, and San Francisco are well defined in this collection; as are the interesting and famous people who were his friends or business and political acquaintances.

Box 1 contains correspondence, primarily of a business nature, sent and received by William Goddard; arranged chronologically. Box 2 contains general business and shipping papers, also arranged chronologically.

Several ships are mentioned.