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Arnold, a Boston resident, commuted to work each day by the T. After purchasing his ticket, Arnold entered the subway at Copley Station for his ride to BU School of Law where he was employed as a professor. Looking for a seat, Arnold was walking toward the rear of the subway when it came to an abrupt halt. As a result of the sudden stop, Arnold fell on Gertrude, an elderly woman, injuring her.
If Gertrude asserts a claim against the Subway Company to recover for her personal injuries, what result?
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What are the elements needed to prove a claim of negligence? What kind of duty does a common carrier have and do we have enough facts to determine whether that duty was breached?
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