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Civil Procedure Keyed to Field
O’Connor v. Pennsylvania Railroad Company
Citation:
308 F.2d 911 (2d Cir. 1962)Facts
On the morning of February 16, 1958, at approximately 7:20 a.m., Eugene O’Connor was walking along a marble terrace at Pennsylvania Station in New York City when he slipped and fell on what he described as a “rugged” patch of ice approximately two by four feet in size. O’Connor had emerged from the subway and chose to walk along the covered terrace rather than the public sidewalk to reach his destination at Thirty-First Street. A severe snowstorm had begun the previous afternoon at 3 p.m. and continued through the time of the accident, ultimately accumulating nine inches of snow with drifts up to two feet. Weather Bureau records documented strong winds of 29-41 miles per hour with gusts up to 54 miles per hour that morning, with conditions described as “blowing snow.” Prior to February 15, only trace amounts of snow had fallen on February 7, 9, and 12, with no measurable precipitation remaining on the ground. O’Connor testified the ice appeared dirty gray and claimed the terrace center was clear while edges had snow accumulation, but defendant’s witnesses testified to two inches of wet snow covering the terrace with no visible ice.
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