Opinion
Argued January 18, 1944 —
Decided March 29, 1944.
Where plaintiff was injured from slipping on a banana which was on the step in defendant's railroad station, but there was no evidence that the presence of the banana had been brought to defendant's previous notice or that its presence on the step had existed for such space of time before the occurrence as would have afforded the defendant sufficient opportunity to make proper inspection of the stairway and remove it, it was error to submit the case to the jury.
On appeal from the Hudson County Court of Common Pleas.
Before BROGAN, CHIEF JUSTICE, and Justices BODINE and COLIE.
For the appellant, Collins Corbin ( Edward A. Markley and James B. Emory, of counsel).
For the respondents, M. Lester Lynch.
Defendant appeals from a judgment in favor of Jean Sinton and her husband awarded them for the physical injuries to her and consequential damages to him resulting from a fall which she sustained on the stairway in the defendant's station at Ninth Street in New York City. The evidence was that she slipped on the inside of a banana which was on the step. There was no evidence that the presence of the banana had been, in fact, brought to defendant's previous notice or that its presence on the step had existed for such space of time before the occurrence as would have afforded the defendant sufficient opportunity to make proper inspection of the stairway and remove it. In the absence of such proof, it was error to submit the case to the jury. Schnatterer v. Bamberger, 81 N.J.L. 558.
The judgment is reversed, with costs.